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§PARRIS N. GLENDENING, Governor
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Ch. 435
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FOR the purpose of altering the amount of certain penalties that the Department of
the Environment is authorized to impose for violations of certain provisions of
law relating to air quality; repealing a certain cap on the amount of penalties
that may be imposed for any single administrative hearing; authorizing the use
of the Maryland Clean Air Fund and the State Radiation Control Fund for
certain costs related to emergency response, environmental monitoring, and
related activities; authorizing recovery of certain costs and requiring
reimbursement of the funds for certain expenses; providing for a three year
statute of limitations for a criminal prosecution or a civil action to collect a civil
penalty for violations of certain air quality and radiation laws; providing for the
application of this Act; and generally relating to the recovery of costs in certain
circumstances and the imposition of penalties for certain environmental
violations.
BY repealing and reenacting, with amendments,
Article - Environment
Section 2-101, 2-107, 8-101, and 8-306
BY adding to
Article — Environment
Section 2-610.2 and 8-509.1
Annotated Code of Maryland
(1996 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Environment
2-101.
(a) In this title the following words have the meanings indicated.
(b) "Air pollution means the presence in the outdoor atmosphere of any
substance that is present in such quantities and is of such duration that it:
(1) May be predicted with reasonable certainty to be injurious to
property or to human, plant, or animal life; or
(2) Unreasonably interferes with the proper enjoyment of the property of
others because of the emission of odors, solids, vapors, liquids, or gases.
(e) "Council" means the Air Quality Control Advisory Council.
(d) "Emergency" means:
(1) A condition of such public gravity and urgency that it requires
immediate response; or
(2) A condition that is predicted to a reasonable degree of certainty to
require immediate action to carry out the provisions of this title.
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- 3287 -
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