WILLIAM DONALD SCHAEFER, Governor                   Ch. 612

The General Assembly may wish to consider clarifying
the scope of this section because this section does
not apply to the treatment, land application, and
disposal of sewage sludge. Since these concepts are
not included in the proscribed acts of this section,
the civil penalties of this section do not apply to
all of the ways in which a person can utilize sewage
sludge.

9-270. SAME — SEWAGE TREATMENT PLANT.

(A)  IN GENERAL.

IF, BY VIOLATING ANY APPLICABLE LAW STATUTE, REGULATION, OR
PERMIT CONDITION, A SEWAGE TREATMENT PLANT THAT HAS A DESIGN
CAPACITY OF 1,000,000 GALLONS OR MORE PER DAY CREATES A NUISANCE
OR OTHERWISE ADVERSELY AFFECTS MAY AFFECT ADVERSELY PUBLIC HEALTH
OR THE ENVIRONMENT, THE PERSON WHO OWNS OR OPERATES THE SEWAGE
TREATMENT PLANT IS LIABLE TO THE STATE FOR AN ADMINISTRATIVE
CIVIL PENALTY NOT EXCEEDING $10,000 A DAY.

(B)  CONTINUING VIOLATIONS.

EACH DAY A VIOLATION CONTINUES IS A SEPARATE VIOLATION UNDER
THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former HE §
9-210.1(o).

Subsection (a) of this section is revised to impose
liability on the "person who owns or operates" a
sewage treatment plant, rather than on the plant to
avoid a nonsequitur in the former law. This revision
is based on the administrative practice of the
Department and on provisions such as § 9-220 of this
subtitle, which requires the owner or person in charge
of a sewerage system to comply with orders of the
Secretary.

REVISOR'S NOTE TO SUBTITLE: Former HE § 9-212(b), which
provided that the former section did not apply to
sludge composting facilities that had a permit pending
with the Department before June 1, 1979, is deleted as
obsolete.

Former HE § 9-212(c), which provided that in Charles
County and St. Mary's County the provisions of former
HE § 9-212 applied to the entrenching, storage, and
transportation of sludge produced by a waste water
treatment plant that was not located in the respective
county, is deleted as unnecessary in light of the
comprehensive provisions of §§ 9-230 through 9-249 of

- 2875 -