1812

LAWS OF MARYLAND

Ch. 240

(4)  ACTUAL CONSTRUCTION OF BUILDINGS, APART FROM
ANY POSSIBLE EMISSION PRODUCING MACHINERY HOUSED IN THE
BUILDINGS;

(5)  ANY PARKING GARAGE; OR

(6)  ANY PARKING LOT.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second
sentence of former Article 43, § 706(a).

2-403. SAME -- FEES.

(A)  IN GENERAL.

THE DEPARTMENT, BY RULE OR REGULATION, SHALL REQUIRE
AND COLLECT A FEE FOR EACH PERMIT ISSUED UNDER § 2-401 OF
THIS SUBTITLE.

(B)  AMOUNT.

THE AMOUNT OF THE FEE SHALL COVER:

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

(2)  THE REASONABLE COSTS INCURRED IN
IMPLEMENTING AND ENFORCING THE TERMS AND CONDITIONS OF THE
PERMIT, EXCLUSIVE OF ANY COURT COSTS OR OTHER COSTS
ASSOCIATED WITH ANY ENFORCEMENT ACTION.

(C)  DISPOSITION OF FUNDS.

THE DEPARTMENT SHALL PAY ALL FUNDS COLLECTED UNDER THIS
SECTION INTO THE GENERAL FUND OF THIS STATE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 706(b) and (c).

In subsection (a) of this section, the reference
in former Article 43, § 706(b) to certain actions
occurring within 6 months after adoption of
regulations or guidelines under § 110(a)(2)(k) of
the Federal Clean Air Act is deleted as obsolete
since the federal government already has adopted
the required guidelines.

In subsection (b)(2) of this section, the
references in former Article 43, § 706(b)(2) to
July 1, 1979, are deleted as obsolete.

The Maryland Court of Appeals has held that the
Department may not require a permit for an