WILLIAM DONALD SCHAEFER, Governor                   Ch. 306

Department of [Natural Resources] THE ENVIRONMENT immediately
upon approval.

(e) (1) Notwithstanding any other provision of State law or
local ordinance, effective April 1, 1985, it shall be the sole
responsibility of the Department of [Natural Resources] THE
ENVIRONMENT to enforce compliance with the provisions of this
subtitle and of any approved plan, except in those counties and
municipalities to which enforcement authority has been delegated
in accordance with paragraph (2) of this subsection.

(2) (i) The Secretary of [Natural Resources] THE
ENVIRONMENT shall delegate enforcement authority under this
subtitle to any county or municipality which is found capable of
enforcing compliance with the provisions of this subtitle, or is
found to have enforcement capability within that jurisdiction
which is comparable to that of the Department in terms of laws
and procedures, manpower, equipment, and overall effectiveness.
The Secretary may not deny a requested delegation unless
opportunity has been afforded to the appropriate officials of the
affected local jurisdiction to present arguments before the
Secretary.

(ii) A delegation pursuant to this paragraph
shall be effective for not more than 2 years, unless renewed by
the Secretary.

(iii) Every such delegation shall be subject to
suspension by the Secretary, after opportunity is afforded for a
hearing, upon a finding that the county or municipal program has
fallen below the standard of comparable effectiveness. During a
period of suspension, the Department shall enforce compliance in
the affected jurisdiction.

(iv) Any county or municipality requesting
either delegation of enforcement authority or renewal of
delegation under this subtitle shall submit the request to the
Secretary on or before January 1 immediately preceding the fiscal
year for which delegation or renewal of delegation is sought.
The Secretary shall grant or deny such a request on or before
April 1 of the year during which delegation is sought by a county
or municipality.

[8-1103.1] 4-104.

(a)  In this section, "responsible personnel" means any
foreman, superintendent, or project engineer who is in charge of
on-site clearing and grading operations or sediment control
associated with a construction project.

(b)  After July 1, 1983, any applicant for sediment and
erosion control plan approval shall certify to the appropriate
jurisdiction that any responsible personnel involved in the

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