3742

LAWS OF MARYLAND

Ch. 793

INITIATED ADMINISTRATIVE PROCEEDINGS ARISING FROM THE SAME OR
RELATED ACTIVITIES.

(D)  (1) EFFECTIVE JANUARY 1, 1985, BEFORE INITIATING AN
AGRICULTURAL DRAINAGE PROJECT, A PUBLIC DRAINAGE ASSOCIATION
SHALL OBTAIN FROM THE SECRETARY APPROVAL OF CONSTRUCTION,
OPERATION, AND MAINTENANCE PLANS FOR THE PROJECT.

(2) THE SECRETARY SHALL NOT APPROVE ANY CONSTRUCTION,
OPERATION, OR MAINTENANCE PLAN FOR AN AGRICULTURAL DRAINAGE
PROJECT UNLESS THE PLAN HAS BEEN REVIEWED AND APPROVED BY THE
SECRETARIES OF NATURAL RESOURCES AND HEALTH AND MENTAL HYGIENE OR
THEIR DESIGNEES. THE SECRETARY SHALL FORWARD COPIES OF ANY PLAN
SUBMITTED SIMULTANEOUSLY TO THE SECRETARIES OF NATURAL RESOURCES
AND HEALTH AND MENTAL HYGIENE, WHO SHALL HAVE 60 CALENDAR DAYS TO
APPROVE, RECOMMEND MODIFICATIONS, OR DISAPPROVE REVIEW THE PLAN.
FAILURE OF EITHER THE SECRETARY OF HEALTH AND MENTAL HYGIENE OR
NATURAL RESOURCES TO ACT WITHIN 60 CALENDAR DAYS SHALL BE DEEMED
TO CONSTITUTE APPROVAL OF THE PLAN AS SUBMITTED.

(E) (1) AN AGRICULTURAL DRAINAGE PROJECT SHALL BE
CONSTRUCTED, OPERATED, AND MAINTAINED IN ACCORDANCE WITH THE
APPROVED PLANS.

(2) THE SECRETARIES OF AGRICULTURE, HEALTH AND MENTAL
HYGIENE, OR NATURAL RESOURCES MAY PURSUE ANY SANCTION OR REMEDY
PROVIDED IN THIS SUBTITLE FOR A VIOLATION OF THIS SUBTITLE-
HOWEVER, THE SECRETARIES OF HEALTH AND MENTAL HYGIENE AND NATURAL
RESOURCES MAY NOT PURSUE ANY SANCTION OR REMEDY UNDER THIS
SUBTITLE UNTIL THEY HAVE FIRST CONSULTED WITH THE SECRETARY OF
AGRICULTURE AND GIVEN THE SECRETARY OF AGRICULTURE A REASONABLE
PERIOD OF TIME TO ALLEVIATE THE PROBLEM.

(2) (F) (1) THE SECRETARY OF A DEPARTMENT MAY ISSUE
ORDERS FOR CORRECTIVE MEASURES TO ANY PERSON BELIEVED TO BE
VIOLATING ANY PROVISION OF THIS SECTION, ANY RULE OR REGULATION
ADOPTED UNDER THIS SECTION, OR ANY REQUIREMENT OF APPROVED
AGRICULTURAL DRAINAGE PROJECT PLANS.

(3)(2) THE PERSON TO WHOM AN ORDER IS ISSUED MAY, ON
REQUEST, CONTEST THE ORDER IN A HEARING GOVERNED BY THE
ADMINISTRATIVE PROCEDURE ACT. WHETHER OR NOT AN ORDER FOR
CORRECTIVE MEASURES HAS BEEN ISSUED OR CONTESTED, THE SECRETARY
OF A DEPARTMENT MAY, AT ANY TIME, REFER AN ALLEGED VIOLATION OF
THIS SECTION, OF ANY RULE OR REGULATION ADOPTED UNDER THIS
SECTION, OR OF ANY APPROVED PLAN REQUIREMENT, DIRECTLY TO THE
ATTORNEY GENERAL FOR APPROPRIATE COURT ACTION.

(F)(G)(1) IN ADDITION TO ANY OTHER SANCTION UNDER THIS
SECTION, A PERSON WHO CONSTRUCTS, OPERATES, OR MAINTAINS AN
AGRICULTURAL DRAINAGE PROJECT WITHOUT APPROVED PLANS OR IN
VIOLATION OF APPROVED PLAN REQUIREMENTS SHALL BE LIABLE TO THE
STATE IN A CIVIL ACTION FOR DAMAGES IN AN AMOUNT EQUAL TO DOUBLE
THE COST OF THAT PORTION OF CONSTRUCTING, OPERATING, OR
MAINTAINING THE PROJECT THAT WAS NOT DONE IN ACCORDANCE WITH
APPROVED PLANS.