2894

LAWS OF MARYLAND

Ch. 405

INSTALLED. PAYMENT MAY BE MADE EITHER TO THE PERSON WHEN
THE PERSON HAS ADVANCED MONEY, OR DIRECTLY TO A VENDOR OR
CONTRACTOR IN ACCORDANCE WITH THE WRITTEN AGREEMENT REQUIRED
BY THIS SECTION, OR SUPPLEMENTAL WRITTEN AGREEMENTS WITH THE
VENDOR OR CONTRACTOR.

(C) (1) THE SECRETARY OF AGRICULTURE AND THE SECRETARY
OF HEALTH AND MENTAL HYGIENE SHALL JOINTLY PROMULGATE RULES
AND REGULATIONS TO IMPLEMENT THIS SUBTITLE. HOWEVER, RULES
AND REGULATIONS SOLELY INVOLVING INTERNAL MANAGEMENT OF THE
COST SHARING PROGRAM NEED ONLY BE PROMULGATED BY THE
SECRETARY OF AGRICULTURE. THE DEPARTMENT OF NATURAL
RESOURCES SHALL BE CONSULTED PRIOR TO ANY RULE MAKING EFFORT
TO ASSURE COORDINATION WITH ITS SEDIMENT CONTROL AND RELATED
WATERSHED PROGRAMS.

(2) ALL RULES AND REGULATIONS PROMULGATED UNDER
THIS SECTION SHALL  BE APPROVED BY THE BOARD OF PUBLIC WORKS
PRIOR TO THE USE OF THE PROCEEDS OF STATE BONDS IN THE COST
SHARING PROGRAM.

(3) THE DEPARTMENT OF AGRICULTURE AND THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE MAY ENTER INTO
AGREEMENTS WITH APPROPRIATE FEDERAL "AND LOCAL GOVERNMENTAL
ENTITIES TO ASSIST IN ADMINISTERING THIS SUBTITLE.

8-705.

(A) FAILURE BY A PERSON TO ESTABLISH, INSTALL,
CONSTRUCT, OR MAINTAIN A BEST MANAGEMENT PRACTICE IN
ACCORDANCE WITH THE AGREEMENT REQUIRED TO BE EXECUTED WITH
THE DEPARTMENT OF AGRICULTURE UNDER SECTION 8-704 OF THIS
SUBTITLE SHALL RENDER THE PERSON LIABLE FOR THE FULL AMOUNT
OF STATE COST SHARING FUNDS PAID FOR PRACTICES THAT ARE NOT
IMPLEMENTED OR MAINTAINED. HOWEVER, A PERSON MAY NOT BE
FOUND LIABLE FOR INADEQUATE MAINTENANCE OR DESTRUCTION OF A
BEST MANAGEMENT PRACTICE IF IT WERE CAUSED BY AN ACT OF
NATURE THAT COULD NOT REASONABLY BE ANTICIPATED BY THE
PERSON.

(B) THE ATTORNEY GENERAL, AT THE REQUEST OF THE
SECRETARY OF AGRICULTURE MAY INSTITUTE APPROPRIATE LEGAL
ACTION TO ENFORCE THE TERMS AND CONDITIONS OF ALL COST
SHARING AGREEMENTS EXECUTED UNDER THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That the passage
of this Act is contingent upon the passage of Senate Bill
938 of 1982 to authorize use of proceeds of the Water
Quality Loan Act of 1974 for cost sharing projects to
control agriculturally related nonpoint sources of pollution
in Maryland. Should that measure fail enactment, the
provisions of this Act are null and void without the need of
further action by the General Assembly.