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ROBERT L. EHRLICH, JR., Governor Ch. 301
2 1003.
(A) BEGINNING DECEMBER 1, 2007, AND EACH YEAR THEREAFTER, A PERSON
WHO OWNS, LEASES, OPERATES, OR CONTROLS AN AFFECTED FACILITY SHALL
SUBMIT TO THE DEPARTMENT, THE DEPARTMENT OF NATURAL RESOURCES, AND
THE PUBLIC SERVICE COMMISSION, A REPORT THAT INCLUDES:
(1) EMISSIONS PERFORMANCE RESULTS RELATED TO COMPLIANCE
WITH THE EMISSIONS REQUIREMENTS UNDER § 2-1002 OF THIS SUBTITLE;
(2) THE NUMBER OF POUNDS OF OXIDES OF NITROGEN, SULFUR
DIOXIDE, MERCURY, AND CARBON DIOXIDE EMITTED DURING THE PREVIOUS
CALENDAR YEAR FROM THE AFFECTED FACILITY;
(3) A CURRENT COMPLIANCE PLAN; AND
(4) ANY OTHER INFORMATION REQUESTED BY THE DEPARTMENT.
(B) THE DEPARTMENT SHALL REVIEW THE INFORMATION SUBMITTED UNDER
THIS SECTION TO DETERMINE WHETHER THE ACTUAL AND PROPOSED
MODIFICATIONS AND PERMIT AND CONSTRUCTION SCHEDULES ARE ADEQUATE TO
ACHIEVE THE EMISSIONS REQUIREMENTS UNDER THIS SUBTITLE AND SHALL MAKE
THESE DETERMINATIONS PUBLICLY AVAILABLE ON AN ANNUAL BASIS.
2-1004.
BY JUNE 30, 2007, THE DEPARTMENT SHALL ADOPT REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SUBTITLE.
2-1005.
(A) THE CRIMINAL PENALTY PROVISIONS OF THIS SECTION ARE IN ADDITION
TO THE CIVIL PENALTY PROVISIONS PROVIDED UNDER § 2-610 OF THIS TITLE.
(B) (1) A PERSON MAY NOT KNOWINGLY ACT OR FAIL TO ACT IN VIOLATION
OF THE PROVISIONS OF THIS SUBTITLE OR THE REGULATIONS ADOPTED UNDER
THIS SUBTITLE.
(2) A PERSON WHO VIOLATES PARAGRAPH (1) OF THIS SUBSECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO;
(I) FOR A FIRST OFFENSE, A FINE NOT EXCEEDING $25,000 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.
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