The General Assembly determines and finds that lands and waters comprising the watersheds of the State are great natural assets and resources. As a result of erosion and sediment deposit on lands and in waters within the watersheds of the State, these waters are being polluted and despoiled to such a degree that fish, marine […]
(a) In this title the following words have the meanings indicated. (b) “Large redevelopment site” means any real property: (1) Consisting of one or more contiguous parcels that are collectively more than 500 acres; (2) That is being used, or was formerly used, for industrial purposes and manufacturing; and (3) For which the Department has received: (i) One or more applications […]
The provisions of this subtitle do not apply to agricultural land management practices, construction of agricultural structures, or, except in Calvert County, to construction of single-family residences or their accessory buildings that disturb an area of less than one-half acre and occur on lots of two acres or more. Regardless of planning, zoning, or subdivision […]
(a) (1) A county or municipality may issue grading and building permits as provided by law. (2) A grading or building permit may not be issued until the developer: (i) Submits a grading and sediment control plan approved by: 1. The appropriate soil conservation district; 2. A municipal corporation in Montgomery County that is designated under paragraph (4) of this subsection; […]
(a) In this section, “responsible personnel” means any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or sediment control associated with a construction project. (b) After July 1, 1983, any applicant for sediment and erosion control plan approval shall certify to the appropriate jurisdiction that any responsible personnel involved in […]
(a) (1) (i) In this section, “construction” means land clearing, grubbing, topsoil stripping, soil movement, grading, cutting and filling, transporting, or otherwise disturbing land for any purpose. (ii) “Construction” includes land disturbing activities for the purpose of: 1. Constructing buildings; 2. Mining minerals; 3. Developing golf courses; and 4. Constructing roads and installing utilities. (2) (i) Before any person begins any construction, the appropriate approval […]
If a State or federal unit undertakes any construction as defined in § 4–105(a)(1) of this subtitle, the Department or the Department’s designee shall review and approve this action and enforce the provisions of this subtitle and any plans approved under this subtitle.
The Department of the Environment shall assist soil conservation districts in preparing and implementing a unified sediment control program under this subtitle.
For the purposes of this subtitle, the bureau of public works or a similar municipal unit shall act in place of the appropriate soil conservation district in any municipality not within a soil conservation district.
(a) The Department may issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated: (1) This subtitle; (2) Any rule or regulation adopted under this subtitle; or (3) Any sediment control plan approved under this subtitle. (b) After or concurrently with service of a complaint under this […]
(a) If the Department finds that earth moving activity requiring the approval of the appropriate approval authority is being carried on in violation of § 4-105 of this subtitle either because it is being undertaken: (1) Without any such approval; or (2) Not substantially in accordance with the approved plan or any written recommendations of the approval authority […]
(a) Any complaint, order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed in accordance with § 1–204 of this article. (b) If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who […]
(a) The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act. (b) (1) Any request for a hearing on an order issued under § 4–109(b)(1) of this subtitle or a stop work order under § 4–110(a) of this subtitle or a notice issued under § 4–109(b)(2) of this subtitle […]
(a) (1) Unless the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with § 4-112(b) of this subtitle, the order is a final order. (2) If the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with […]
(a) Except as provided in subsection (b) of this section, before the Department exercises its authority under § 4-109 or § 4-110 of this subtitle, the Department shall: (1) Notify the delegated county or municipality of the violation and the Department’s intended action; and (2) Provide reasonable opportunity for a joint inspection with a representative of the delegated […]
(a) Any person aggrieved by a final decision of the Department in connection with an order or permit issued under this subtitle may take a direct judicial appeal. (b) The appeal shall be made as provided for judicial review of decisions in the Administrative Procedure Act.
(a) (1) Any person who violates any provision of this subtitle is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 or imprisonment not exceeding one year or both for each violation with costs imposed in the discretion of the court. (2) The court may order […]
