Section 5-511 – Periodic Review of Appropriation and Use of Water; Correction of Permits
The Department shall review triennially every appropriation and use of water for which a required permit is granted, to ascertain if the appropriation and use of water is being made according to quantity limitations and other conditions established by permit. Unless a permit is for the periodic appropriation or use of water for agricultural purposes, […]
Section 5-512 – Application and Construction of Subtitle
(a) The provisions of this subtitle do not amend or repeal: (1) Any law relating to the Public Service Commission or to water and water structures; or (2) Any act or parts of acts consistent with the provisions of this subtitle. (b) The provisions of this subtitle do not impair any riparian or other vested right, nor amend, repeal, […]
Section 5-513 – Enforcement of Subtitle by Injunction
On application of the Department, verified by oath or affirmation, the circuit court for any county, sitting in equity, may enforce by injunction, compliance with, or restraint from violating or attempting to violate any provisions of this subtitle or any Department order, notice, or regulation made under this subtitle.
Section 5-514 – Penalty for Violation of Subtitle
(a) (1) In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle relating to water appropriation and use or any rule, regulation, order, or permit adopted or issued under any such provision is liable for a civil penalty not exceeding $5,000 per violation to be collected […]
Section 5-515 – Order or Notice on Receipt of Complaint
(a) After or concurrently with the service of a complaint under this subtitle relating to water appropriation and use, the Department may: (1) Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order; (2) Send a written notice that requires the person to whom […]
Section 5-501 – Policy of State; Subtitle Supplemental to Existing Laws
(a) In order to conserve, protect, and use water resources of the State in accordance with the best interests of the people of Maryland, it is the policy of the State to control, so far as feasible, appropriation or use of surface waters and groundwaters of the State. Also, it is State policy to promote public […]
Section 5-516 – Notice and Hearing
(a) The Department shall give notice and hold any hearing related to orders imposed under the water appropriation and use provisions of this subtitle in accordance with the Administrative Procedure Act. (b) (1) Within 10 days after being served with an order under § 5–515(a)(1) of this subtitle, the person served may request in writing a hearing before […]
Section 5-502 – Permit to Appropriate or Use State Waters
(a) Every person is required to obtain a permit from the Department to appropriate or use or begin to construct any plant, building, or structure which may appropriate or use any waters of the State, whether surface water or groundwater. The permit is obtained upon written application to the Department. The applicant shall provide the Department […]
Section 5-503 – Permit to Construct or Repair Reservoirs, Dams, or Waterway Obstructions
(a) (1) A person shall obtain, on written application to the Department, a permit from the Department to: (i) Construct, reconstruct, or repair any reservoir, dam, or waterway obstruction; (ii) Make, construct, or permit to be made or constructed any change or addition to any reservoir, dam, or waterway obstruction; (iii) Make or permit to be made any change in, […]
Section 5-503.1 – Emergency Action Plans for Dams
(a) (1) This section applies to any dam that: (i) Has the potential to cause the loss of human life or substantial property damage in the event of structural failure; and (ii) Has been designated or verified by the Department as a high hazard or significant hazard dam, as defined in the classification of dams under regulations adopted by […]