WILLIAM DONALD SCHAEFER, Governor Ch. 538

(3) THE PENALTY IMPOSED UNDER THIS SUBSECTION SHALL
BE:

(I)  $5 FOR EACH POUND OF PHOSPHORUS DISCHARGED
MONTHLY IN VIOLATION OF § 4-302.1(B)(1) OF THIS SUBTITLE; AND

(II)  $2 FOR EACH POUND OF NITROGEN DISCHARGED
MONTHLY IN VIOLATION OF § 4-302.1(C) OR (D) OF THIS SUBTITLE.

(B)  (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A PENALTY IMPOSED UNDER THIS SUBSECTION SECTION MAY
NOT BE:

(I)  WAIVED;

(II)  REDUCED; OR

(III)  USED TO ASSIST THE PENALIZED PERSON IN
UPGRADING A SEWAGE TREATMENT PLANT.

(2) A PENALTY IMPOSED UNDER THIS SECTION MAY BE
WAIVED IF THE PHOSPHORUS OR NITROGEN DISCHARGED IN VIOLATION OF §
4-302.1 OF THIS SUBTITLE IS DUE TO AN ACT OF GOD OR, IF IT COULD
NOT REASONABLY HAVE BEEN ANTICIPATED BY THE OWNER OR OPERATOR OF
THE SEWAGE TREATMENT PLANT, A POWER OUTAGE OR A MASSIVE LEAKAGE
OF ANY POLLUTANT THAT CONTAMINATES THE WASTEWATER BEING TREATED.

(C)  THE DEPARTMENT SHALL DEPOSIT THE PENALTIES COLLECTED
UNDER THIS SUBSECTION IN THE MARYLAND CLEAN WATER FUND CREATED
UNDER § 9-320 OF THIS ARTICLE.

(D)  THE DEPARTMENT SHALL COLLECT THE PENALTIES REQUIRED TO
BE IMPOSED UNDER SUBSECTION (A) OF THIS SECTION ON A MONTHLY
BASIS BEGINNING ON:

(I)  FEBRUARY 15, 1989 FOR VIOLATIONS OF §
4-302.1(B)(1) OF THIS SUBTITLE; AND

(II)  FEBRUARY 15, 1990 NOVEMBER 15, 1991 FOR
VIOLATIONS OF § 4-302.1(C) OR (D) OF THIS SUBTITLE.

(E)  THE PENALTIES REQUIRED TO BE IMPOSED UNDER THIS SECTION
ARE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.

SECTION 2. AND BE IT FURTHER ENACTED, That the phosphorus
and nitrogen removal requirements of this Act are intended to be
the minimum removal requirements at sewage treatment plants
covered under this Act, and nothing in this Act may be construed
to prevent or delay the implementation of more stringent removal
requirements at these plants or at any other plants discharging
into the Patuxent River.

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