{"data":{"id":"us-md/md.-code-environment-4-313.1","jurisdiction":"us-md","citation":"Md. Code, Environment § 4–313.1","heading":"","body":"(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.\n(2) The person accused of the violation shall have the right to a hearing but may waive that right in writing.\n(3) The penalty imposed under this subsection shall be:\n(i) $5 for each pound of phosphorus discharged monthly in violation of § 4-302.1(b)(1) of this subtitle; and\n(ii) $2 for each pound of nitrogen discharged monthly in violation of § 4-302.1(c) or (d) of this subtitle.\n(b) (1) Except as provided in paragraph (2) of this subsection, a penalty imposed under this section may not be:\n(i) Waived;\n(ii) Reduced; or\n(iii) Used to assist the penalized person in upgrading a sewage treatment plant.\n(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.\n(c) The Department shall deposit the penalties collected under this section in the Maryland Clean Water Fund created under § 9-320 of this article.\n(d) The Department shall collect the penalties required to be imposed under subsection (a) of this section on a monthly basis beginning on:\n(1) February 15, 1989 for violations of § 4-302.1(b)(1) of this subtitle; and\n(2) November 15, 1991 for violations of § 4-302.1(c) or (d) of this subtitle.\n(e) The penalties required to be imposed under this section are in addition to any other penalties provided by law.","path":["Article - Environment"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen\u0026section=4-313.1","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:58Z","sha256":"d71e117c9f3b5763e9eb6e5f5d0d56b54bd5c42f8bcef6e4ba9d50142e6f7f84","source_id":"us-md","stale":false,"prev":"us-md/md.-code-environment-4-313","next":"us-md/md.-code-environment-4-314"},"notice":"GroundRules: Original legal text. Not legal advice."}