HARRY HUGHES, Governor

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(2) ANY CIVIL ACTION UNDER THIS SECTION SHALL BE
PROSECUTED BY THE ATTORNEY GENERAL ON BEHALF OF A SECRETARY OF A
DEPARTMENT. DAMAGES RECOVERED SHALL BE DEPOSITED IN A SPECIAL
FUND, TO BE USED SOLELY FOR FIRST CORRECTING THE AGRICULTURAL
DRAINAGE PROJECT IN QUESTION, AND THEN FOR SUPPORT OF THE
SECRETARY OF AGRICULTURE'S PROGRAM FOR REVIEW AND APPROVAL OF
AGRICULTURAL DRAINAGE PROJECTS.

(G)(1) (H) THE SECRETARY OF A DEPARTMENT OR ANY INTERESTED
PERSON MAY SEEK AN INJUNCTION AGAINST ANY PERSON WHO FAILS TO
OBTAIN OR COMPLY WITH APPROVED PLANS.

(2) IN ADDITION TO THE REMEDIES PROVIDED UNDER THIS
SECTION TO ENFORCE THE REQUIREMENTS TO OBTAIN OR COMPLY WITH
APPROVED PLANS, THE SECRETARY OF NATURAL RESOURCES MAY SEEK TO
ENFORCE ANY APPROPRIATE SANCTION PROVIDED UNDER TITLE 8 OF THE
NATURAL RESOURCES ARTICLE FOR A VIOLATION OF THAT TITLE.

(3) IN ADDITION TO THE REMEDIES PROVIDED UNDER THIS
SECTION TO ENFORCE THE REQUIREMENTS TO OBTAIN OR COMPLY WITH
APPROVED PLANS, THE SECRETARY OF HEALTH AND MENTAL HYGIENE MAY
SEEK TO ENFORCE ANY APPROPRIATE SANCTION PROVIDED UNDER TITLE 9,

SUBTITLE 3 OF THE HEALTH - ENVIRONMENTAL ARTICLE FOR A VIOLATION

OF THAT SUBTITLE.

Article - Natural Resources

8-803.

(f)  Agricultural drainage systems, for the purpose of
lowering the level of water in the soil[, with a total drainage
area of 2,500 acres or less] are exempt from the requirement of
obtaining a permit from the Department EXCEPT THAT DRAINAGE
SYSTEMS FINANCED OR MANAGED BY A PUBLIC DRAINAGE ASSOCIATION ARE
EXEMPT FROM THIS REQUIREMENT ONLY IF PLANS FOR CONSTRUCTION,
OPERATION, AND MAINTENANCE HAVE BEEN APPROVED BY THE SECRETARY OF
AGRICULTURE UNDER § 8-603 OF THE AGRICULTURE ARTICLE.

(g)  The periodic maintenance of agricultural drainage
systems constructed under the auspices of a public drainage or
watershed association is exempt from the requirement of obtaining
a permit from the Department if:

(1)  The maintenance is performed in accordance with a
permit from the Department for the original construction or
reconstruction of the drainage system; or

(2)  The maintenance is performed in accordance with
an operation and maintenance plan approved by the local soil
conservation district and the [Department] SECRETARY OF
AGRICULTURE UNDER § 8-603 OF THE AGRICULTURE ARTICLE.