WILLIAM DONALD SCHAEFER, Governor Ch. 550
to enforcement of laws controlling sediment and erosion.
BY repealing and reenacting, with amendments,
Article - Environment
Section 4-101 and 4-109
Annotated Code of Maryland
(1987 Replacement Volume and 1989 Supplement)
BY adding to
Article - Environment
Section 4-109 through 4—144 4-115
Annotated Code of Maryland
(1987 Replacement Volume and 1989 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Environment
4-101.
The General Assembly determines and finds that lands and waters comprising the
watersheds of the State are great natural assets and resources. As a result of erosion
and sediment deposit on lands and in waters within the watersheds of the State, these
waters are being polluted and despoiled to such a degree that fish, marine life, and
recreational use of the waters are being affected adversely. To protect the natural
resources of the State, the Secretary of the Environment, in consultation with the
Secretary of Natural Resources shall adopt criteria and procedures for the counties and
the local soil conservation districts to implement soil erosion control programs. These
procedures may provide for departmental review and approval of major grading,
sediment, and erosion control plans. These procedures shall provide that the
Department of the Environment conduct periodic inspections and review of the
implementation by the counties and the local soil conservation districts of these control
plans.
BECAUSE OF THE GREAT POTENTIAL FOR HARM TO THE WATERS
OF THE STATE IF SOIL EROSION AND SEDIMENT CONTROL MEASURES
ARE NOT PROPERLY IMPLEMENTED AND MAINTAINED AND BECAUSE OF
THE CUMULATIVE EFFECT ON THE ENVIRONMENT OF VIOLATIONS
WHETHER THE PROJECT CREATING THE VIOLATIONS IS LARGE OR
SMALL, IT IS NECESSARY FOR THE PROTECTION OF THE WATERS OF THE
STATE TO PROVIDE PROCEDURES FOR OBTAINING IMMEDIATE
COMPLIANCE WITH THE LAW, WHEN VIOLATIONS OCCUR.
4-109.
(A) THE DEPARTMENT SHALL ISSUE A WRITTEN COMPLAINT IF THE
DEPARTMENT HAS REASONABLE GROUNDS TO BELIEVE THAT THE
PERSON TO WHOM THE COMPLAINT IS DIRECTED HAS VIOLATED:
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