3494

LAWS OF MARYLAND

Ch. 748

(V) THE APPLICANT FOR THE PERMIT SHALL BE
NOTIFIED AND BE GIVEN THE OPPORTUNITY TO PRESENT INFORMATION AT
THE PUBLIC INFORMATIONAL MEETING.

(C) (1) THERE IS A STATE SEWAGE SLUDGE UTILIZATION FUND.

(2)  ALL UTILIZER PERMIT FEES GENERATOR LICENSE FEES,
PERMIT APPLICATION FEES, AND FUNDS COLLECTED BY THE DEPARTMENT
UNDER THIS SECTION, INCLUDING ANY PENALTY OR ANY FINE IMPOSED BY
A COURT UNDER THE PROVISIONS OF THIS SECTION, SHALL BE CREDITED
TO THE SEWAGE SLUDGE UTILIZATION FUND.

(3) THE SEWAGE SLUDGE UTILIZATION FUND IS LIMITED TO
A MAXIMUM OF $400,000, 25 PERCENT OF WHICH SHALL BE SET ASIDE FOR
EMERGENCY REMOVAL OF SEWAGE SLUDGE OR MITIGATION OF ANY ADVERSE
ENVIRONMENTAL EFFECT.

(4) WHENEVER THE COMBINATION OF UNALLOCATED FUNDS IN
THE SEWAGE SLUDGE UTILIZATION FUND AND THE PROJECTED GENERATOR
FEES FOR THE NEXT FISCAL YEAR EXCEED $400,000, THE GENERATOR FEES
FOR THAT FISCAL YEAR SHALL BE ADJUSTED ON A PRO RATA BASIS SO
THAT THE COMBINATION OF UNALLOCATED FUNDS AND GENERATOR FEES
SHALL NOT EXCEED $400,000.

(5) THE SEWAGE SLUDGE UTILIZATION FUND SHALL BE USED
FOR:

(I)  EMERGENCY REMOVAL OF SEWAGE SLUDGE OR
MITIGATION OF THE EFFECT OF ANY SEWAGE SLUDGE UTILIZATION THAT
THE DEPARTMENT DETERMINES:

1.  ENDANGERS THE PUBLIC HEALTH, SAFETY,
OR WELFARE; OR

2.  ENDANGERS OR DAMAGES NATURAL
RESOURCES; AND

(II)  ACTIVITIES CONDUCTED BY THE DEPARTMENT OR
ACTIVITIES CONDUCTED BY ANY COUNTY PURSUANT TO SUBSECTION (G)(5)
(4) OF THIS SECTION THAT ARE RELATED TO IDENTIFYING, MONITORING,
AND REGULATING THE PROPER UTILIZATION OF SEWAGE SLUDGE, INCLUDING
PROGRAM DEVELOPMENT OF THESE ACTIVITIES.

(3)(6) ALL EXPENDITURES MADE BY THE DEPARTMENT UNDER
PARAGRAPH (2)(5)(I) OF THIS SUBSECTION SHALL BE REIMBURSED TO THE
DEPARTMENT BY THE SEWAGE SLUDGE UTILIZER WHOSE SEWAGE SLUDGE
UTILIZATION:

(I) ENDANGERED THE PUBLIC HEALTH, SAFETY, OR
WELFARE; OR

(II) ENDANGERED OR DAMAGED NATURAL RESOURCES.