HARRY HUGHES, Governor                                      3043

the State's Attorney for each county and the City of
Baltimore under certain circumstances; and generally
relating to prosecution of water pollution violations.

BY repealing and reenacting, with amendments,

Article - Health - Environmental

Section 9-344

Annotated Code of Maryland

(1982 Volume and 1985 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - Environmental

9-344.

[ (A) The] (A) EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, THE Attorney General shall take charge of, prosecute,
and defend on behalf of this State every case arising under the
provisions of this subtitle, including the recovery of penalties.

(B) (1) IF THE ATTORNEY GENERAL INVESTIGATES AND DECLINES
TO PROSECUTE AN ALLEGED VIOLATION ARISING UNDER THE PROVISIONS OF
THIS SUBTITLE, THE ATTORNEY GENERAL SHALL MAKE A FULL AND

CONFIDENTIAL REPORT OF THE FINDINGS TOGETHER WITH ANY

RECOMMENDATIONS FOR PROSECUTION TO THE STATE'S ATTORNEY OF THE
COUNTY WHERE THE ALLEGED VIOLATION OCCURRED.

(2) WITHIN 45 DAYS OF THE DECISION OF THE ATTORNEY
GENERAL TO DECLINE PROSECUTION, THE STATE'S ATTORNEY OF THE
COUNTY WHERE THE ALLEGED VIOLATION OCCURRED MAY TAKE CHARGE OF,
PROSECUTE, AND DEFEND ON BEHALF OF THE STATE THE CASE ARISING
UNDER THE PROVISIONS OF THIS SUBTITLE, INCLUDING THE RECOVERY OF
PENALTIES.

(B) THE PROVISIONS OF THIS SECTION MAY NOT LIMIT OR AFFECT
THE POWER OR AUTHORITY OF THE STATE'S ATTORNEY FOR EACH COUNTY
AND THE CITY OF BALTIMORE UNDER ARTICLE 10, § 34 OF THE CODE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.

Approved May 27, 1986.