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Session Laws, 1982
Volume 742, Page 1827   View pdf image
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HARRY HUGHES, Governor

1827

(C)  JUDICIAL ENFORCEMENT.

IF A PERSON FAILS TO PAY A NONCOMPLIANCE PENALTY OR
NONPAYMENT PENALTY IMPOSED UNDER THIS SECTION, THE
DEPARTMENT MAY BRING AN ACTION TO COLLECT THE PENALTY IN THE
SAME MANNER AS A CIVIL PENALTY IS COLLECTED UNDER § 2-610 OF
THIS SUBTITLE.

(D)  ACTION NOT EXCLUSIVE.

AN ACTION UNDER THIS SECTION TO COLLECT A NONCOMPLIANCE
PENALTY IS IN ADDITION TO AND NOT INSTEAD OF:

(1)  AN ACTION UNDER § 2-609 OF THIS SUBTITLE; OR

(2)  ANY OTHER RELIEF UNDER THIS SUBTITLE.

(E)  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, § 706A.

For the federal provisions that apply to a
noncompliance penalty, see 42 U.S.C. § 7420.

2-613. CONDITIONS NOT VIOLATIONS.

A CONDITION THAT IS CAUSED BY AN ACT OF GOD, A STRIKE,
A RIOT, A CATASTROPHE, OR A CAUSE OVER WHICH AN ALLEGED
VIOLATOR HAS NO CONTROL IS NOT A VIOLATION OF THIS TITLE OR
ANY STANDARD SET OR RULE OR REGULATION ADOPTED UNDER THIS
TITLE.

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

GENERAL REVISOR'S NOTE:

Former Article 43, § 701, which provided that the
Attorney General shall enforce this title and prosecute
violations of this title, is deleted as unnecessary in light
of other, independent provisions of law. See, e.g., Article
V, § 3 of the Constitution of Maryland and § 2-107 of the
Health-General Article.

Former Article 43, § 704, which provided that the
provisions of this title are supplemental and additional to
other powers of the Department, is deleted as unnecessary.

TITLE 3. NOISE CONTROL.

 

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Session Laws, 1982
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