Maryland Statutes
Subtitle 3 - Watershed Sediment and Waste Control
Section 4-313.1 - Penalties for Violations of 4-302.1(b)(1), (C) or (D)

(a)    (1)    The Department shall impose an administrative civil penalty on a person who owns or operates a sewage treatment plant that is in violation of § 4-302.1(b)(1), (c), or (d) of this subtitle.
        (2)    The person accused of the violation shall have the right to a hearing but may waive that right in writing.
        (3)    The penalty imposed under this subsection shall be:
            (i)    $5 for each pound of phosphorus discharged monthly in violation of § 4-302.1(b)(1) of this subtitle; and
            (ii)    $2 for each pound of nitrogen discharged monthly in violation of § 4-302.1(c) or (d) of this subtitle.
    (b)    (1)    Except as provided in paragraph (2) of this subsection, a penalty imposed under this section may not be:
            (i)    Waived;
            (ii)    Reduced; or
            (iii)    Used to assist the penalized person in upgrading a sewage treatment plant.
        (2)    A penalty imposed under this section may be waived if the phosphorus or nitrogen discharged in violation of § 4-302.1 of this subtitle is due to an act of God or, if it could not reasonably have been anticipated by the owner or operator of the sewage treatment plant, a power outage or a massive leakage of any pollutant that contaminates the wastewater being treated.
    (c)    The Department shall deposit the penalties collected under this section in the Maryland Clean Water Fund created under § 9-320 of this article.
    (d)    The Department shall collect the penalties required to be imposed under subsection (a) of this section on a monthly basis beginning on:
        (1)    February 15, 1989 for violations of § 4-302.1(b)(1) of this subtitle; and
        (2)    November 15, 1991 for violations of § 4-302.1(c) or (d) of this subtitle.
    (e)    The penalties required to be imposed under this section are in addition to any other penalties provided by law.