Sec. 26.17.03.05. General Provisions

A. Department Responsibilities.

(1) The Department shall investigate any report to determine if agricultural sediment pollution in violation of Environment Article, §4-413(b), Annotated Code of Maryland, has occurred.

(2) The Department shall determine the appropriate actions to be taken to investigate reports of sediment problems. These actions may include:

(a) Notification to the person and the district of a report of sediment pollution, with a request for the person and the district to undertake cooperative efforts to prevent sediment pollution violations; or

(b) Inspection of sites with the district or independently.

(3) When the Department identifies and documents a sediment pollution violation, the Department may issue a written complaint specifying the laws or regulations allegedly violated and the facts that constitute a violation. After or concurrent with the service of the complaint, the Department may issue an order to the alleged violator to:

(a) Correct conditions which have resulted in the sediment pollution of the waters of the State;

(b) Obtain and implement a district-approved CAWQP which includes a schedule for its implementation; and

(c) Submit within 30 days a district-approved schedule for obtaining an SCWQP for the whole farm.

(4) The Department shall provide a copy of all written reports, complaints, and orders issued under this chapter to the district.

(5) As necessary, the Department may require a person to obtain district-approved modifications to approved CAWQPs and SCWQPs to reflect changes in the agricultural operation, pollution problems, and site conditions.

B. District Responsibilities for Addressing Sediment Pollution Violations. The district's responsibilities include:

(1) Directing the preparation of, preparing, and approving CAWQPs and SCWQPs;

(2) Reviewing potential and actual erosion and sediment problem areas on site upon notification from the Department of a report of sediment pollution, and providing the technical assistance needed to prevent sediment pollution violations;

(3) Ensuring that those violations of Environment Article, §4-413(b), Annotated Code of Maryland, identified and documented by the Department in writing to alleged violators are addressed by the district-approved CAWQP and SCWQP, and that:

(a) All sediment violations shall be addressed by the preparation of a CAWQP,

(b) If an approved SCWQP exists, the violation shall be corrected through modification of the SCWQP;

(4) Directing preparation of, preparing, and approving CAWQPs within 45 days of a request for assistance from a person notified by the Department that a pollution violation exists;

(5) Approving CAWQP and SCWQP modifications to address sediment pollution violations as necessary to reflect changes in the agricultural operation, pollution problems, and site conditions, and providing the Department with a copy of the modifications within 10 days of the modification approval;

(6) Providing the Department, when requested, with written confirmation that all conservation practices included in a CAWQP or SCWQP to address the sediment violations documented by the Department are constructed or implemented in accordance with the Maryland Technical Guide, which is incorporated by reference in Regulation .04 of this chapter, or approved under Regulation .06C and D of this chapter;

(7) Providing to the Department a copy of all approved CAWQPs and SCWQPs for sites under investigation or which result from Departmental orders issued under this chapter; and

(8) Having the option to notify the Department when implementation or maintenance is not in substantial compliance with the approved CAWQP or SCWQP.