WILLIAM DONALD SCHAEFER, Governor Ch. 612

9-243. INSPECTION OF SEWAGE SLUDGE UTILIZATION SITES; STOP WORK
ORDERS; AUTHORITY OF LOCAL HEALTH OFFICIALS.

(A)  RIGHT TO ENTER AND INSPECT.

TO ENFORCE THIS PART III OF THIS SUBTITLE AND TO INSURE
COMPLIANCE WITH EACH SEWAGE SLUDGE UTILIZATION PERMIT, A
REPRESENTATIVE OF THE DEPARTMENT OR THE LOCAL HEALTH OFFICIAL MAY
ENTER AND INSPECT, AT ANY REASONABLE TIME, ANY SITE WHERE SEWAGE
SLUDGE IS UTILIZED.

(B)  PROHIBITED ACTS DURING INSPECTION.
A SEWAGE SLUDGE UTILIZER MAY NOT:

(1)  REFUSE ACCESS TO A SEWAGE SLUDGE UTILIZATION SITE
TO ANY REPRESENTATIVE OF THE DEPARTMENT, OR TO A LOCAL HEALTH
OFFICIAL, WHO REQUESTS ACCESS UNDER THIS SECTION; OR

(2)  INTERFERE WITH ANY INSPECTION UNDER THIS
SUBTITLE.

(C)  AUTHORITY OF LOCAL HEALTH OFFICIAL.

A LOCAL HEALTH OFFICIAL MAY INSPECT, MONITOR, AND
INVESTIGATE ANY SEWAGE SLUDGE UTILIZATION SITE IN THE COUNTY
WHERE THE OFFICIAL IS EMPLOYED.

(D)  ISSUANCE OF STOP WORK ORDER; INJUNCTIVE RELIEF; REPORT.

(1)  WITH THE CONCURRENCE OF THE DEPARTMENT, A LOCAL
HEALTH OFFICIAL MAY:

(I)  ISSUE A STOP WORK ORDER TO STOP UTILIZING
SEWAGE SLUDGE AT A SITE; AND

(II)  SUSPEND A SEWAGE SLUDGE UTILIZATION
PERMIT.

(2)  IF A LOCAL HEALTH OFFICIAL RECOMMENDS ISSUANCE OF
A STOP WORK ORDER AND THE DEPARTMENT DOES NOT CONCUR, THE
DEPARTMENT SHALL INSPECT THE SEWAGE SLUDGE UTILIZATION SITE
WITHIN 24 HOURS AFTER IT RECEIVES THE RECOMMENDATION.

(3)  AFTER INSPECTING THE SITE AND IF NECESSARY, THE
DEPARTMENT SHALL ISSUE A STOP WORK OR OTHER ORDER TO OBTAIN
COMPLIANCE WITH STATE LAW, DEPARTMENTAL REGULATIONS, OR THE
SEWAGE SLUDGE UTILIZATION PERMIT.

(4)  A COUNTY MAY SEEK INJUNCTIVE RELIEF OR OTHER
APPROPRIATE REMEDIES IN CIRCUIT COURT IF:

- 2853 -