Ch. 159

LAWS OF MARYLAND

enforcement authority from the Secretary of the Environment
to a county or municipality;

BY repealing and reenacting, with amendments,

Article - Environment

Section 4-103(e)

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) (1) Notwithstanding any other provision of State law or
local ordinance, effective April 1, 1985, it shall be the sole
responsibility of the Department of the Environment to enforce
compliance with the provisions of this subtitle and of any
approved plan, except in those counties and municipalities to
which enforcement authority has been delegated in accordance with
paragraph (2) of this subsection.

(2) (i) 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. 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.

(ii) A delegation pursuant to this paragraph
shall be effective for not more than 2 years, unless renewed by
the Secretary.

(iii) Every such delegation shall be subject to
suspension by the Secretary, after opportunity is afforded for a
hearing, upon a finding that the county or municipal program has
fallen below the standard of comparable effectiveness. During a
period of suspension, the Department shall enforce compliance in
the affected jurisdiction.

(iv) Any county or municipality requesting
either delegation of enforcement authority or renewal of
delegation under this subtitle shall submit the request to the
Secretary on or before [January 1] OCTOBER 1 immediately
preceding the fiscal year for which delegation or renewal of

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