1562

LAWS OF MARYLAND

Ch. 539

(B)    WITHIN 6 MONTHS AFTER THE FEDERAL AGENCY ADOPTS
REGULATIONS OR GUIDELINES UNDER SECTION 110(A)(2)(K) OF THE
FEDERAL CLEAN AIR ACT, THE DEPARTMENT SHALL REQUIRE, BY
REGULATION, THAT EACH PERSON WHO IS REQUIRED UNDER
SUBSECTION (A) OF THIS SECTION TO OBTAIN A PERMIT, PAY, AS A
CONDITION OF THE PERMIT, A FEE SUFFICIENT TO COVER:

(1)    THE REASONABLE COST OF REVIEWING AND ACTING
ON THE PERMIT APPLICATION; AND

(2)    IF, WHETHER BEFORE OS AFTER JULY 1, 1979,
THE OWNER OR OPERATOR RECEIVES A PERMIT, SEASONABLE COSTS
INCURRED AFTER JULY 1, 1979 IN IMPLEMENTING AND ENFORCING
THE TERMS AND CONDITIONS OF THE PERMIT, EXCLUDING ANY COURT
COSTS OR OTHER COSTS ASSOCIATED WITH ANY ENFORCEMENT ACTION.

(C)    ANY MONEY COLLECTED UNDER THIS SECTION SHALL BE
PAID OVER TO THE STATE TREASURER AND BECOME GENERAL FUNDS OF
THE STATE.

706A.

(A)    THE SECRETARY MAY ADOPT RULES AND REGULATIONS
THAT SPECIFY A SITUATION IN WHICH A PERSON WHO VIOLATES THIS
SUBTITLE IS SUBJECT TO A NONCOMPLIANCE PENALTY EQUAL TO THE
ECONOMIC BENEFIT THAT ACCRUES TO THE PERSON BECAUSE OF
NONCOMPLIANCE. THE RULE OR REGULATION SHALL BE PATTERNED
AFTER SECTION 120 OF THE FEDERAL CLEAN AIR ACT AND THE
FEDERAL REGULATIONS ADOPTED UNDER IT. THE RULES AND
REGULATIONS OF THE DEPARTMENT SHALL SPECIFY THE METHODS OF
CALCULATING THE NONCOMPLIANCE PENALTY AND THE MANNER OF
PAYMENT. ML MONEY COLLECTED UNDER THIS SECTION SHALL BE
PAID TO THE DEPARTMENT, ON BEHALF STATE TREASURER AND BECOME
GENERAL FUNDS OF THE STATE, AND SHALL BE SUBJECT TO REBATE
AS PROVIDED FOR IN THE RULES AND REGULATIONS.

(B)    ANY PERSON WHO FAILS TO PAY, IN A TIMELY MANNER,
THE AMOUNT OF A NONCOMPLIANCE PENALTY WITH RESPECT TO ANY
SOURCE UNDER THIS SECTION MAY BE REQUIRED TO PAY IN ADDITION
A QUARTERLY NONPAYMENT PENALTY FOR EACH QUARTER DURING WHICH
THE FAILURE TO PAY PERSISTS. THIS NONPAYMENT PENALTY SHALL
BE IN AN AMOUNT EQUAL TO 20 PERCENT OF THE AGGREGATE AMOUNT
OF THE PERSON'S NONCOMPLIANCE PENALTIES AND NONPAYMENT
PENALTIES WITH RESPECT TO THE SOURCE THAT ARE UNPAID AS OF
THE BEGINNING OF THE QUARTER.

(C)    FAILURE OF A PERSON TO PAY A NONCOMPLIANCE

PENALTY OR NONPAYMENT PENALTY UNDER THIS SECTION SHALL
SUBJECT THE PERSON TO THE JUDICIAL ENFORCEMENT PROVISIONS OF
§ 703 OF THIS SUBTITLE. HOWEVER, IN THE ACTION, THE MAXIMUM
CIVIL PENALTY FOR WHICH A PERSON IS LIABLE SHALL BE
CALCULATED UNDER SUBSECTION (B) OF THIS SECTION AND THE TIME
FOR CALCULATING THE TOTAL PENALTY MAY INCLUDE THE TIME