Ch. 612                                    LAWS OF MARYLAND

(4) WHENEVER THE SUM OF UNALLOCATED FUNDS IN THE
SEWAGE SLUDGE UTILIZATION FUND AND THE PROJECTED SEWAGE SLUDGE
GENERATOR'S FEES FOR THE NEXT FISCAL YEAR EXCEEDS $400,000, THE
DEPARTMENT SHALL ADJUST THE GENERATOR'S FEES FOR THE NEXT FISCAL
YEAR ON A PRO RATA BASIS SO THAT THE SUM OF UNALLOCATED FUNDS AND
ACTUAL GENERATOR'S FEES DOES NOT EXCEED $400,000.

(C)  USES OF FUND.

THE DEPARTMENT SHALL USE THE SEWAGE SLUDGE UTILIZATION FUND
FOR:

(1)  EMERGENCY REMOVAL OF SEWAGE SLUDGE OR MITIGATION
OF THE EFFECT OF ANY UTILIZATION OF SEWAGE SLUDGE THAT THE
DEPARTMENT FINDS:

(I)  ENDANGERS PUBLIC HEALTH, SAFETY, OR
WELFARE; OR

(II)  ENDANGERS OR DAMAGES NATURAL RESOURCES;
AND

(2)  ACTIVITIES THAT ARE:

(I)  CONDUCTED BY THE DEPARTMENT OR BY A LOCAL
HEALTH OFFICIAL UNDER § 9-243(E) OF THIS SUBTITLE; AND

(II)  RELATED TO IDENTIFYING, MONITORING, OR
REGULATING THE UTILIZATION OF SEWAGE SLUDGE, INCLUDING PROGRAM
DEVELOPMENT.

(D)  REIMBURSEMENT TO DEPARTMENT.

AN EXPENDITURE THAT THE DEPARTMENT MAKES UNDER SUBSECTION
(C)(1) OF THIS SECTION SHALL BE REIMBURSED TO THE DEPARTMENT BY
THE SEWAGE SLUDGE UTILIZER WHOSE SEWAGE SLUDGE UTILIZATION
BROUGHT ABOUT THE EXPENDITURE BY:

(1)  ENDANGERING PUBLIC HEALTH, SAFETY, OR WELFARE; OR

(2)  ENDANGERING OR DAMAGING NATURAL RESOURCES.

(E)  ACTION TO RECOVER COSTS.

IN ADDITION TO ANY OTHER LEGAL ACTION AUTHORIZED BY THIS
PART III, § 9-269, OR § 9-270 OF THIS SUBTITLE, THE ATTORNEY
GENERAL MAY BRING AN ACTION AGAINST ANY PERSON WHO FAILS TO
REIMBURSE THE DEPARTMENT UNDER SUBSECTION (D) OF THIS SECTION TO
RECOVER ANY EXPENDITURE THAT THE DEPARTMENT MAKES UNDER
SUBSECTION (C)(1) OF THIS SECTION.

REVISOR'S NOTE: This section formerly appeared as HE §
9-210.1(c).

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