HARRY HUGHES, Governor                               1231

(I) IF THERE IS ALLEGED A FAILURE OF THE
DEPARTMENT TO PERFORM ANY ACT OR DUTY UNDER THIS SUBTITLE
THAT IS NOT DISCRETIONARY; OR

(II) IF THE DEPARTMENT FAILS TO ACT WITHIN
THE TIME LIMITS SPECIFIED IN THIS SUBTITLE, OR

(2) AGAINST ANY OTHER PERSON WHO IS ALLEGED TO
BE IN VIOLATION OF ANY RULE, REGULATION, ORDER, OR PERMIT
ISSUED UNDER THIS SUBTITLE.

(B)  AN ACTION MAY NOT BE COMMENCED UNDER SUBSECTION
(A) OF THIS SECTION:

(1)  PRIOR TO 60 DAYS AFTER THE PLAINTIFF HAS
GIVEN NOTICE IN WRITING OF THE ALLEGED VIOLATION TO THE
DEPARTMENT, THE ATTORNEY GENERAL, AND TO ANY ALLEGED
VIOLATOR; PROVIDED THAT, THE ACTION MAY BE BROUGHT
IMMEDIATELY IF THE ALLEGED VIOLATION CONSTITUTES AN IMMINENT
THREAT TO THE HEALTH OR SAFETY OF THE PLAINTIFF, OR WOULD
IMMEDIATELY AFFECT A LEGAL INTEREST OF THE PLAINTIFF; OR

(2)  IF THE DEPARTMENT OR THE STATE HAS COMMENCED
AND IS DILIGENTLY PROSECUTING A CIVIL ACTION TO REQUIRE
COMPLIANCE UNDER THIS SUBTITLE, BUT ANY PERSON MAY INTERVENE
IN THE ACTION AS A MATTER OF RIGHT.

(C)  THE SECRETARY OF THE UNITED STATES DEPARTMENT OF
INTERIOR MAY INTERVENE AS A MATTER OF RIGHT IN ANY ACTION
BROUGHT UNDER THIS SUBTITLE.

(D)  THIS SECTION IS INTENDED TO BE READ IN CONJUNCTION
WITH AND TO SUPPLEMENT THE PROVISIONS OF SUBTITLE 5 OF TITLE
1 OF THE NATURAL RESOURCES ARTICLE (ENVIRONMENTAL STANDING
ACT), BUT IN THE EVENT OF ANY CONFLICT, THE REQUIREMENTS OF
THIS SECTION SHALL PREVAIL.

SECTION 4. AND BE IT FURTHER ENACTED, That if any
provision of this Act or the application thereof to any
person or circumstance is held invalid for any reason, the
invalidity shall not affect the other provisions or any
other application of this Act which can be given effect
without the invalid provisions or application, and to this
end all the provisions of this Act are declared to be
severable.

SECTION 5. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved April 28, 1981.

CHAPTER 159