Ch. 739                           MARVIN MANDEL, Governor                                1559

TO THE WATERS OF THE STATE.

(H) ANY PERSON WHO KNOWINGLY MAKES ANY FALSE
STATEMENT, REPRESENTATION, OR CERTIFICATION IN ANY
APPLICATION, RECORD, REPORT, PLAN, OR OTHER DOCUMENT
FILED OR REQUIRED TO BE MAINTAINED UNDER THIS SUBTITLE,
OR BY ANY PERMIT, RULE, REGULATION OR ORDER ISSUED
UNDER THIS SUBTITLE, OR WHO FALSIFIES, TAMPERS WITH, OR
KNOWINGLY RENDERS INACCURATE ANY MONITORING DEVICE
OR METHOD REQUIRED TO BE MAINTAINED UNDER THIS
SUBTITLE OR BY ANY PERMIT, RULE, REGULATION, OR ORDER
ISSUED UNDER THIS SUBTITLE, SHALL UPON CONVICTION, BE
PUNISHED BY A FINE OF NOT MORE THAN [[[[]]$10,000[[]]]]
[[$5,000]] OR BY IMPRISONMENT FOR NOT MORE THAN SIX
MONTHS, OR BY BOTH.

(1) IF ANY CONDITION OF A PERMIT FOR DISCHARGES FROM A
PUBLICLY OWNED TREATMENT WORKS IS VIOLATED, THE
ADMINISTRATION MAY PROCEED PURSUANT TO SUBSECTIONS (A)
OR (D) OF THIS SECTION TO RESTRICT OR PROHIBIT THE
INTRODUCTION OF ANY POLLUTANT INTO THE TREATMENT
WORKS BY A SOURCE NOT UTILIZING THE TREATMENT WORKS
PRIOR TO THE FINDING THAT THE CONDITION WAS VIOLATED.

FURTHERMORE IF THE ADMINISTRATION FINDS ON THE
BASIS OF INFORMATION AVAILABLE TO IT THAT AN INDUSTRIAL
USER IS NOT IN COMPLIANCE WITH A SYSTEM OF USER CHARGES
REQUIRED UNDER STATE OR FEDERAL LAW, OR THE CONDITION
OF ANY PERMIT ISSUED BY THE ADMINISTRATION TO THE
PUBLICLY OWNED TREATMENT WORKS INTO WHICH THE USER IS
INTRODUCING POLLUTANTS, THE ADMINISTRATION [[PAY]] MAY
PROCEED TO ENFORCE OR APPLY THE SYSTEM OF CHARGES
DIRECTLY AGAINST THE INDUSTRIAL USER PURSUANT TO
SUBSECTIONS (A) OR (D) OF THIS SECTION.

[29C. Effect of subtitle on jurisdiction of State Department of Health and Mental
Hygiene.

Nothing in this subtitle shall be construed to alter, change, modify or restrict
the jurisdiction of the State Department of Health and Mental Hygiene as set
forth in this Code.]

29D.

(a) Whenever there occurs in the waters of the State any condition indicative of
damage to aquatic resources, including, but not limited to mortality of fish and
other aquatic life, it shall be the duty of the Department of Natural Resources to
investigate the occurrence, to determine the nature and extent of the occurrence,
and to endeavor to establish the cause and source of the occurrence. The
Department of Natural Resources 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. ANY PERSON WHO IS DETERMINED TO BE RESPONSIBLE FOR
THE DISCHARGE OR SPILLAGE OF ANY SUCH SUBSTANCE SHALL
BE PERSONALLY AND/OR SEVERALLY RESPONSIBLE TO
IMMEDIATELY CLEAN UP AND ABATE THE EFFECTS OF THE
SPILLAGE AND RESTORE THE NATURAL RESOURCES OF THE
STATE.