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Session Laws, 1982
Volume 742, Page 2489   View pdf image
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HARRY HUGHES, Governor

2489

Hygiene shall take into account the existing physical
conditions, the character of the area involved, including
the character of surrounding land uses, priority ranking of
waters with regard to effluent limits, zoning
classifications, the nature of the existing receiving body
of water, the technical feasibility and economic
reasonableness of measuring or reducing the particular type
of water pollution, and any other standard as expressed in
the intent and purpose of this title. The generality of this
grant of authority shall only be limited by the
specifications of particular classes of regulations
elsewhere in this subtitle. Any regulation may (i) prescribe
different provisions as required by circumstances for
different pollutant sources and for different geographical
areas and (ii) apply to sources located outside this State
which cause, contribute to,' or threaten environmental damage
in Maryland and (iii) make special provisions for alert and
abatement standards and procedures respecting occurrences or
emergencies of pollution or on other short-term conditions
constituting an acute danger to health or to the
environment.]

[(d)] (B) The Department [of Natural Resources] shall
prescribe by rule or regulation approved methods,
facilities, standards, and devices for transfer, storage,
separating, removing, treating, or disposing of oil and
other unctuous substances to prevent pollution of waters of
the State, including rules and regulations outlining
procedures for addressing water pollution episodes or
emergencies which constitute an acute danger to health or
the environment. A person may not engage in any commercial
or industrial operation involving these activities unless he
has obtained a permit from the Department [of Natural
Resources,] indicating that the activities are in conformity
with the prescribed rules and regulations.

[(e)] (C) Whenever there occurs in the waters of the
State any condition indicative of damage to aquatic
resources, including, but not limited to, mortality of fish
and other aquatic life, the Department [of Natural
Resources] shall investigate the incident, determine the
nature and extent of the damage, and establish the cause and
source of the occurrence. The Department [of Natural
Resources] shall act on these findings and require repair of
any damage done and restoration of water resources to a
degree necessary to protect the best interest of the people
of the State. Any person who is determined to be responsible
for the discharge or spillage of any such substance shall be
personally and/or severally responsible to immediately clean
up and abate the effects of the spillage and restore the
natural resources of the State. If the Department [of
Natural Resources] believes instituting suit is advisable,
it shall turn over to the Attorney General all pertinent
information and data. The Attorney General then shall file
suit against the person causing the condition. The person

 

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Session Laws, 1982
Volume 742, Page 2489   View pdf image
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