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Session Laws, 1969
Volume 692, Page 333   View pdf image
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MARVIN MANDEL, Governor                          333

Resources,; which Department shall repair the damage done and
may turn the matter over to the Attorney General for suit against
the person causing the damage, who shall be liable for such dam-
age, and to provide for the disposition of any funds received
through such procedure
ESTABLISHES A PROCEDURE
WHEREBY THE WATER RESOURCES COMMITTEE CAN
RECOMMEND TO THE ATTORNEY GENERAL THAT SUIT
BE BROUGHT AGAINST THE PERSON LIABLE FOR SUCH
DAMAGE; ESTABLISH PROCEDURE FOR REPAIRING THE
DAMAGES DONE, AND TO PROVIDE FOR THE DISPOSI-
TION OF ANY FUNDS RECEIVED AS A RESULT OF RE-
PAIRING THESE DAMAGES.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 24A be and it is hereby added to Article 96A of
the Annotated Code of Maryland (1964 Replacement Volume), title
"Water Resources," subtitle "Pollution Abatement," to follow immedi-
ately after Section 24 thereof, and to read as follows:

24A.

(a)    Whenever there occurs in the waters of the State any condi-
tion indicative of damage to acquatic resources, including, but not
limited to, mortality of fish and other aquatic life, it shall be the
duty of the Department of Game and Inland Fish in nontidal waters,
and of the Department of Chesapeake Bay Affairs in tidal waters,
in either case
with the assistance of the Department of Water Re-
sources, to investigate the occurrence, to determine the nature and
extent of the occurrence, to endeavor to establish the cause and
source of the occurrence, and to report its findings to the Department
of Water Resources. The Department shall act on these findings, as
hereinafter provided, to require the repair of any damage done and
the restoration of water resources to a degree necessary to protect
the best interests of the people of the State.

(b)    If upon such investigation, the Department of Game and In-
land Fish or the Department of Chesapeake Bay Affairs is able to
identify the person or persons responsible for the damage, it shall
so report to the Department of Water Resources, citing all informa-
tion and data for the finding.

(c)    The Water Resources Commission, if it believes the institution
of suit to be advisable, shall turn over to the Attorney General the
information and data supplied to it. The Attorney General there-
upon shall file suit against the person or persons causing the condi-
tion complained of, who shall be jointly and severally liable for the
reasonable cost of rehabilitation and restoration of the resources
damaged and the cost of eliminating the condition causing the
damage.

(d)    Any moneys collected pursuant to subsection (c) shall be
maintained in a separate fund and shall be utilized
TO REIMBURSE
by the Department of Game and Inland Fish in nontidal waters, or
the Department of Chesapeake Bay Affairs in tidal waters