HARRY HUGHES, Governor

3799

(A)  THERE IS A MARYLAND CLEAN WATER FUND.

(B)  ALL APPLICATION FEES, PERMIT FEES, RENEWAL FEES, AND
FUNDS COLLECTED BY THE DEPARTMENT UNDER THIS SUBTITLE, INCLUDING
ANY CIVIL OR ADMINISTRATIVE PENALTY OR ANY FINE IMPOSED BY A
COURT UNDER THE PROVISIONS OF THIS SUBTITLE, SHALL BE PAID INTO
THE MARYLAND CLEAN WATER FUND.

(C)  THE DEPARTMENT SHALL USE THE MARYLAND CLEAN WATER FUND
FOR ACTIVITIES THAT ARE RELATED TO IDENTIFYING, MONITORING, AND
REGULATING THE PROPER DISCHARGE OF EFFLUENT INTO THE WATERS OF
THE STATE INCLUDING PROGRAM DEVELOPMENT OF THESE ACTIVITIES AS
PROVIDED IN THE STATE BUDGET. PRIORITY SHALL BE GIVEN TO
ACTIVITIES PERTAINING TO THE WATER QUALITY OF THE CHESAPEAKE BAY
AND IT TRIBUTARIES.

(D)  NOTWITHSTANDING ANY LAW TO THE CONTRARY, UNEXPENDED
MONEYS IN THE FUND SHALL NOT REVERT TO THE GENERAL TREASURY AT
THE END OF A FISCAL YEAR.

9-325.

(a)  The Department may adopt rules and regulations that
relate to application for, issuance of, revocation of, or
modification of discharge permits. The rules and regulations may
require submission of plans, specifications, and other
information.

(b)  The rules and regulations adopted under this section
shall set a reasonable application fee IN AN AMOUNT DESIGNED TO
COVER THE COST OF THE PERMIT PROCEDURE.

(C) (1) THE RULES AND REGULATIONS ADOPTED UNDER THIS
SECTION SHALL SET A REASONABLE PERMIT FEE SCHEDULE FOR INDUSTRIAL
USERS BASED ON:

(1) (I) THE ANTICIPATED COST OF MONITORING AND
REGULATING THE PERMITTED FACILITY; AND

(II) THE FLOW OF EFFLUENT DISCHARGE FROM THE
PERMITTED FACILITY; AND

(2) (III) THE ANTICIPATED NEEDS FOR PROGRAM
DEVELOPMENT ACTIVITIES THAT RELATE TO MANAGEMENT OF THE DISCHARGE
OF POLLUTANTS INTO THE WATERS OF THIS STATE.

(2) IN ADOPTING THE RULES AND REGULATIONS UNDER THIS
SUBSECTION, THE DEPARTMENT SHALL CONSULT WITH INDUSTRY AND
PROVIDE THAT THE PERMIT FEE NOT EXCEED A CERTAIN DOLLAR AMOUNT.

9-327.

The Department may refuse to issue a discharge permit if: