WILLIAM DONALD SCHAEFER, Governor Ch. 103

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 5, 1989.

CHAPTER 103

(Senate Bill 138)

AN ACT concerning

Sediment Control - Delegation of Enforcement Authority

FOR the purpose of authorizing the Secretary of Environment to
delegate a portion of the enforcement authority for sediment
control to a county or municipality; and providing that the
Secretary take certain action on the delegation request by a
certain date.

BY repealing and reenacting, with amendments,

Article - Environment

Section 4-103(e)(2)

Annotated Code of Maryland

(1987 Replacement Volume and 1988 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Environment

4-103.

(e) (2) (i) 1. The Secretary of the Environment shall
delegate enforcement authority under this subtitle to any county
or municipality which is found capable of enforcing compliance
with the provisions of this subtitle, or is found to have
enforcement capability within that jurisdiction which is
comparable to that of the Department in terms of laws and
procedures, manpower, equipment, and overall effectiveness.

2.  THE SECRETARY MAY DELEGATE A SPECIFIC
PORTION OF THE ENFORCEMENT AUTHORITY UNDER THIS SUBTITLE TO A
COUNTY OR MUNICIPALITY.

3.  The Secretary may not deny a requested
delegation unless opportunity has been afforded to the
appropriate officials of the affected local jurisdiction to
present arguments before the Secretary.

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