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Session Laws, 1966
Volume 678, Page 1133   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1133

State any waste or polluting substance of any kind as defined for the
purpose of this subtitle in violation of any duly authorized rule,
regulation or order of the Department. Any person who shall so
discharge or permit to be discharged directly or indirectly any waste
or polluting substance into any of the waters of this State which
will cause pollution as defined herein shall be deemed to violate the
provisions of this subtitle.

Every person the Department has reason to believe is causing or is
about to be causing pollution shall furnish to it all pertinent informa-
tion required by it in the discharge of its duties under this subtitle.

(b) (1) Whenever, in the opinion of the Department, any person
shall violate or attempt to violate the provisions of this subtitle, or
fails to control the pollutant content or waste discharge into any of the
waters of the State, the Department shall notify the alleged
offender in writing of such determination by it requiring such person
to abate the same within a time to be specified in the notice.
Within
thirty (30) days from the receipt of notice of such determination, such
person shall file with the Department a full report showing what steps
have been and are being taken to control such waste or pollution.
Within 90 days from the receipt of such report filed with the [Com-
mission,] Department, the [Commission] Department shall issue such
orders as in its opinion shall be deemed necessary.

(2)  The mailing of a notice of the Department's decision or order
by registered mail to the last known address of any person, or prin-
cipal office of record, shall constitute compliance with the require-
ment of service of such notice under this subtitle.

(3)  Upon failure to comply with such written notice, within ninety
(90) days the Department shall be authorized to bring any appro-
priate action, including by injunction, in the name of the people of
the State of Maryland, as may be deemed necessary in the discretion
of said Department to carry out the provisions of this subtitle and
to enforce any and all laws relating to the pollution of the waters of
the State, except as herein provided.

(4) When a written notice or order pursuant to this subtitle has
been served on any person, and the person fails to comply with the
notice or order or fails to make a reasonable effort to comply with
the notice or order, or continues to act in such a manner that the
violation is not abated, with no reasonable assurance to the Depart-
ment that such violation will be abated, upon petition by the Depart-
ment, the Court may issue an order requiring the person to show
cause within thirty (30) days why an injunction should not be
granted pursuant to this subtitle.
, AND THEREAFTER GRANT
RELIEF CONSISTENT WITH THE PROVISIONS OF THIS
SUBTITLE.

(5) [Any agent, authorized by the Department to represent
it, shall have the authority to enforce the provisions of this
subtitle and may make complaint against any person violating the
same.] After service of a written notice, setting forth specifically
any violation of this subtitle, any person who shall fail to [file the
report] comply with such notice as required by this subtitle and
who is thereafter found to be continuing such violation may be
prosecuted under this subtitle; provided, however, that pending the

 

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Session Laws, 1966
Volume 678, Page 1133   View pdf image (33K)   << PREVIOUS  NEXT >>


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