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2006 LAWS OF MARYLAND
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Ch. 23
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(I) FOR A FIRST OFFENSE, A FINE NOT EXCEEDING $35,000 OR
IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH; OR
(II) FOR A VIOLATION COMMITTED AFTER A FIRST CONVICTION
UNDER THIS SECTION, A FINE NOT EXCEEDING $50,000 OR IMPRISONMENT NOT
EXCEEDING 2 YEARS OR BOTH.
(3) EACH DAY ON WHICH A VIOLATION OCCURS IS A SEPARATE
VIOLATION UNDER THIS SUBSECTION.
(C) A CRIMINAL PROSECUTION FOR A VIOLATION BROUGHT UNDER THIS
SECTION SHALL BE INSTITUTED WITHIN 3 YEARS AFTER THE VIOLATION WAS
COMMITTED.
(A) (1) THE ALLOWANCE PENALTY PROVISIONS OF THIS SECTION ARE IN
ADDITION TO THE ADMINISTRATIVE AND CIVIL PENALTY PROVISIONS PROVIDED
UNDER §§ 2-604, 2-609, 2-610, AND 2-610.1 OF THIS TITLE.
(2) EACH ONE-HALF OUNCE OF MERCURY AND EACH TON OF SULFUR
DIOXIDE OR NITROGEN OXIDES EMITTED IN EXCESS OF THE LIMITATIONS SET
FORTH OR IMPOSED IN ACCORDANCE WITH § 2-1002 OF THIS SUBTITLE SHALL BE A
SEPARATE VIOLATION UNDER §§ 2-610 AND 2-610.1 OF THIS TITLE.
(3) FOR ANY VIOLATION OF ANY EMISSIONS LIMITATION SET FORTH OR
IMPOSED UNDER § 2-1002(A) THROUGH (D) OF THIS SUBTITLE, THE DEPARTMENT
MAY, INSTEAD OF IMPOSING CIVIL OR ADMINISTRATIVE PENALTIES UNDER § 2-610
OR § 2 610.1 OF THIS TITLE, ACCEPT THE VOLUNTARY SURRENDER OF SULFUR
DIOXIDE OR OXIDES OF NITROGEN EMISSION ALLOWANCES.
(B) IF, IN ANY CALENDAR YEAR DURING THE PERIOD FROM JANUARY 1, 2010
THROUGH DECEMBER 31, 2012, A PERSON FAILS TO ACHIEVE AND MAINTAIN FULL
COMPLIANCE WITH THE EMISSIONS LIMITATIONS ESTABLISHED BY THE
DEPARTMENT UNDER § 2-1002(E) OF THIS SUBTITLE, THE PERSON SHALL
SURRENDER:
(1) ONE SULFUR DIOXIDE ALLOWANCE FOR EACH TON OF SULFUR
DIOXIDE EMITTED IN EXCESS OF THE EMISSION RATE LIMITATION; AND
(2) ONE OXIDE OF NITROGEN ALLOWANCE FOR EVERY 2 TONS OF
SULFUR DIOXIDE EMITTED IN EXCESS OF THE EMISSION RATE LIMITATION.
(C) IF, IN ANY CALENDAR YEAR DURING THE PERIOD FROM JANUARY 1, 2009
THROUGH DECEMBER 31, 2011, A PERSON FAILS TO ACHIEVE FULL COMPLIANCE
WITH THE OXIDES OF NITROGEN EMISSION LIMITATIONS IN § 2-1002(A) AND (C) OF
THIS SUBTITLE, THE PERSON SHALL SURRENDER ONE OXIDE OF NITROGEN
ALLOWANCE FOR EACH TON OF OXIDES OF NITROGEN EMITTED IN EXCESS OF THE
REQUIRED EMISSION RATE LIMITATION.
(D) A PERSON THAT SURRENDERS ALLOWANCES IN ACCORDANCE WITH
SUBSECTIONS (B) OR (C) OF THIS SECTION SHALL SURRENDER THE ALLOWANCES TO
THE DEPARTMENT'S SURRENDER ACCOUNT BY MARCH 1 OF THE YEAR FOLLOWING
- 138 -
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