WILLIAM DONALD SCHAEFER, Governor                   Ch. 306

(c)  To protect the natural resources of the State, the
Secretary and the Secretaries of Natural Resources and [Health
and Mental Hygiene] THE ENVIRONMENT, shall jointly promulgate by
regulation on or before January 1, 1985, criteria for the design,
construction, operation, and maintenance of agricultural drainage
projects which will assure, to the maximum extent practicable,
the prevention of pollution of the waters of the State. These
rules and regulations shall contain standards of review by the 3
Secretaries that recognize the regulatory issues to be considered
by each and minimize duplication. The rules and regulations
shall also establish procedures for administrative hearings and
provide for consolidation where different departments have
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 by the Secretaries of
Natural Resources and [Health and Mental Hygiene] THE ENVIRONMENT
or their designees. The Secretary shall forward copies of any
plan submitted simultaneously to the Secretaries of Natural
Resources and [Health and Mental Hygiene] THE ENVIRONMENT, who
shall have 60 calendar days to review the plan.

(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] THE ENVIRONMENT, 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] THE ENVIRONMENT 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.

(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.

(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

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