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LAWS OF MARYLAND

Ch. 240

(D) EMERGENCY.

IF AN EMERGENCY ARISES FROM IMMINENT DANGER TO THE
PUBLIC HEALTH, TO THE PUBLIC WELFARE, OR TO THE ENVIRONMENT,
THE DEPARTMENT MAY SUE FOR AN IMMEDIATE INJUNCTION TO STOP
ANY POLLUTION OR OTHER ACTIVITY THAT IS CAUSING THE DANGER.

REVISOR'S NOTE: This section is new language patterned
after the provisions of NR § 8-1415 that apply to
this subtitle.

9-340. JUDICIAL REVIEW.

(A)  IN GENERAL.

ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE
DEPARTMENT IN CONNECTION WITH AN ORDER OR PERMIT ISSUED
UNDER THIS SUBTITLE MAY NOT APPEAL TO THE BOARD OF REVIEW
BUT MAY TAKE A DIRECT JUDICIAL APPEAL.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

THE APPEAL SHALL BE MADE AS PROVIDED FOR JUDICIAL
REVIEW OF FINAL DECISIONS IN THE ADMINISTRATIVE PROCEDURE
ACT.

REVISOR'S NOTE: This section is new language patterned
after NR § 8-1412(b).

9-341. ACTIONS RELATING TO PUBLICLY OWNED TREATMENT WORKS.

(A)  BANNING INTRODUCTION OF POLLUTANT.

IF ANY CONDITION OF A PERMIT FOR DISCHARGES FROM A
PUBLICLY OWNED TREATMENT WORKS IS VIOLATED, THE DEPARTMENT,
BY CORRECTIVE ORDER OR BY REQUEST FOR INJUNCTIVE ACTION
UNDER THIS SUBTITLE, MAY RESTRICT OR PROHIBIT THE
INTRODUCTION OF ANY POLLUTANT INTO THE TREATMENT WORKS BY
ANY SOURCE THAT DID NOT USE THE TREATMENT WORKS BEFORE THE
TIME OF THE FINDING THAT THE CONDITION WAS VIOLATED.

(B)  ENFORCING SYSTEM OF USER CHARGES AGAINST
INDUSTRIAL USER.

IF THE DEPARTMENT FINDS THAT AN INDUSTRIAL USER IS NOT
IN COMPLIANCE WITH A SYSTEM OF USER CHARGES REQUIRED UNDER
STATE LAW OR FEDERAL LAW, OR WITH A CONDITION OF A PERMIT
ISSUED BY THE DEPARTMENT TO THE PUBLICLY OWNED TREATMENT
WORKS INTO WHICH THE INDUSTRIAL USER IS INTRODUCING
POLLUTANTS, THE DEPARTMENT MAY ENFORCE OR APPLY THE SYSTEM
OF USER CHARGES DIRECTLY AGAINST THE INDUSTRIAL USER BY
CORRECTIVE ORDER OR BY REQUESTING INJUNCTIVE ACTION UNDER
THIS SUBTITLE.