1826

LAWS OF MARYLAND

Ch. 240

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 703(d).

In subsection (a)(1) of this section, "Air
Management Administration" is substituted for
"Division of Air Quality Control" to conform to
the current name of that unit of the Department.

The General Assembly may wish to consider adding,
to this section, authority for the Secretary to
modify an approved plan for compliance. Under
the law as it now stands, if an approved plan
does not work, there is no clear authority for
the Secretary to require modification.

2-612. NONCOMPLIANCE PENALTY.

(A)  RULES AND REGULATIONS.

THE SECRETARY MAY ADOPT RULES AND REGULATIONS THAT:

(1)  ARE PATTERNED AFTER § 120 OF THE FEDERAL
CLEAN AIR ACT AND THE FEDERAL REGULATIONS ADOPTED UNDER §
120 OF THE FEDERAL CLEAN AIR ACT; AND

(2)   SPECIFY:

(I)  THE CIRCUMSTANCES UNDER WHICH A PERSON
WHO VIOLATES THIS TITLE IS SUBJECT TO A NONCOMPLIANCE
PENALTY EQUAL TO THE ECONOMIC BENEFIT THAT ACCRUES TO THE
PERSON BECAUSE OF NONCOMPLIANCE;

(II)  THE METHOD OF CALCULATING THE
NONCOMPLIANCE PENALTY;

(III)  THE MANNER OF PAYMENT OF THE
NONCOMPLIANCE PENALTY; AND

(IV)  THE CIRCUMSTANCES UNDER WHICH A
NONCOMPLIANCE PENALTY COLLECTED UNDER THIS SECTION IS
SUBJECT TO REBATE.

(B)  QUARTERLY NONPAYMENT PENALTY.

(1)   IF A PERSON FAILS TO PAY A NONCOMPLIANCE
PENALTY IN A TIMELY MANNER, THE SECRETARY MAY REQUIRE THE
PERSON TO PAY AN ADDITIONAL NONPAYMENT PENALTY FOR EACH
QUARTER THAT THE NONCOMPLIANCE PENALTY REMAINS UNPAID.

(2)  THE NONPAYMENT PENALTY SHALL EQUAL 20
PERCENT OF THE TOTAL OF THE PERSON'S NONCOMPLIANCE PENALTIES
AND NONPAYMENT PENALTIES THAT REMAIN UNPAID AT THE BEGINNING
OF THE QUARTER.