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2017 Maryland Code
Environment
Title 5 - Water Resources
Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams
§ 5-509. Notice to repair or remove reservoir, dam, or construction; completion of work by Department
Universal Citation: MD Env Code § 5-509 (2017)
- (a) Notice to repair or remove reservoir, dam, or construction. -- On complaint or the Department's own initiative, the Department may investigate or examine any reservoir, dam, or similar waterway construction. If the Department determines that the reservoir, dam, or similar waterway construction is unsafe, needs repair, or should be removed because the reservoir, dam, or similar waterway construction is unsafe and not repairable, the Department shall notify the owner in writing to repair or remove the object, as the situation warrants. The repair or removal work shall be completed within a reasonable time, which time shall be prescribed in the Department's notice.
- (b) Completion of work by Department. -- If the work is not completed in the time prescribed in the notice:
- (1) The Department may have the work completed at the expense of the owner;
- (2) Unless the owner demonstrates an inability to pay, as determined by the Department, the Department shall charge the owner for the expense to complete the work; and
- (3) If repayment is not made within 30 days after written demand, the Department may bring an action in the proper court to recover the expense to complete the work.
- (c) Applicability to farm ponds. -- This section does not apply to farmponds used for agricultural purposes.
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