594                              Laws of Maryland                      [Ch. 283

have retaining walls, to maintain preventive procedures circum-
venting disposal of trash and junk into State waters, to comply
with the provisions of the Department of Water Resources relating
thereto, and to inform the Department of Water Resources of pro-
cedures planned or effected, and providing penalty for violation
AND PROVIDING FOR PRIMA FACIE EVIDENCE OF VIOLA-
TION OF THIS ACT.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 469 be and it is hereby added to Article 27 of the
Annotated Code of Maryland (1971 Replacement Volume), title and
subtitle "Crimes and Punishments," subheading "Refuse—Throwing
or Dumping; Dumps, Junk Yards, Etc.," to follow immediately after
Section 468 thereof, and to read as follows:

469.

(a) Any person or organization that owns, maintains or causes
to be maintained a junkyard or automobile graveyard as defined by
Article 89B of the Annotated Code of Maryland, lawfully in existence
on January 1, 1972, which adjoins any river, stream, or other body
of water shall store and maintain any trash, junk, automobiles, auto-
mobile tires, other automobile parts and other refuse in such manner
as to prevent the dumping, depositing or transport of this matter
into the waters of the State as defined by Article 96A of the Anno-
tated Code of Maryland; inform the Department of Water Resources
of provisions planned or made to prevent the dumping, depositing
or transport of this matter into the waters of the State; and comply
with the provisions of standards and specifications adopted by the
Department of Water Resources as these relate to the erection of
retaining walls, or the use of devices or procedures to restrain the
dumping, depositing or transport of this matter into the waters of
the State.

(B) WHERE THE OWNERS AND OPERATORS OF A JUNK-
YARD OR AN AUTOMOBILE GRAVEYARD AS DEFINED
BY ARTICLE 89B PRODUCING, COLLECTING, RETAINING,
THROWING, DUMPING OR DEPOSITING ANY TRASH, JUNK
OR OTHER REFUSE HAVE NOT ERECTED RETAINING
WALLS OR OTHER RESTRAINING DEVICES OR PROCE-
DURES APPROVED BY THE DEPARTMENT OF WATER
RESOURCES, THE PRESENCE OF ANY TRASH, JUNK, AUTO-
MOBILES, AUTOMOBILE TIRES, OTHER AUTOMOBILE
PARTS OR OTHER REFUSE IN WATERS OF THE STATE
OR ON EMBANKMENTS OR OTHER SITES WHERE IT MAY
READILY FALL INTO OR BE TRANSPORTED INTO THE
WATERS OF THE STATE SHALL BE PRIMA FACIE EVI-
DENCE OF A VIOLATION OF THIS SECTION AND BE SUB-
JECT TO THE PENALTIES IMPOSED HEREIN.

(b) (C) Violation of this section is a misdemeanor and any per-
son convicted thereof before a court of proper jurisdiction is punish-
able by a fine of not more than $500.00, or by imprisonment of not
more than ninety (90) days, or both.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1971.

Approved April 29, 1971