§ 1-903

Maryland § 1-903

• Jurisdiction: Maryland
• Article gen: Environment
• Title: 1

Text

(a) Subject to subsection (b) of this section, a person that has standing under § 1–902 of this subtitle may bring a civil action on the person’s own behalf against any person or political subdivision that is alleged to be in violation of any standard.

(b) (1) Subject to paragraph (3) of this subsection, an action may not be brought under subsection (a) of this section unless the plaintiff first gives 60 days’ notice of the alleged violation.

(2) Notice under this subsection shall be:

(i) 1. By certified mail; or

2. By personal service; and

(ii) Provided to:

1. The Secretary;

2. The Attorney General;

3. Any local jurisdiction in which the violation is alleged to occur; and

4. An alleged violator of the standard.

(3) (i) An action may not be brought under subsection (a) of this section if the Secretary has commenced and is diligently prosecuting a civil action or a consent order is entered to require compliance from the alleged violator.

(ii) Notwithstanding subparagraph (i) of this paragraph, a person that meets the threshold standing requirements under federal law may intervene in a civil action brought by the Secretary, as provided in § 1–904 of this subtitle.

(4) Notice under this subsection shall identify:

(i) A standard violated;

(ii) An activity constituting the violation;

(iii) A person suspected of being responsible for the violation;

(iv) The location of the violation;

(v) The dates of violations if known; and

(vi) The name and address of the person giving notice.

(c) An action brought in accordance with this section shall be brought in any circuit court of a county where the condition, activity, or failure is alleged to be a violation of a standard.

(d) Before the entering of any consent judgment to which the Department is not a party or before the dismissal of any case filed in accordance with this subtitle subject to a settlement agreement, the plaintiff shall:

(1) Give notice and provide a complete and unredacted copy of the proposed consent judgment or settlement agreement to the Department and the Attorney General by personal service or certified mail at least 45 days before the date that the proposed consent judgment or settlement agreement is filed with the court; and

(2) File an affidavit with the court under penalty of perjury indicating compliance with the requirement under item (1) of this subsection.

(e) A court may:

(1) Order the enforcement of a standard; and

(2) Grant:

(i) Temporary or permanent equitable relief; or

(ii) Except as otherwise provided by this subtitle, any other relief provided under a standard.

(f) In an action under this section, the court may award the costs of litigation to:

(1) A prevailing plaintiff;

(2) A substantially prevailing plaintiff; or

(3) A substantially prevailing defendant if the plaintiff’s claim was frivolous, unreasonable, or groundless.

(g) (1) (i) Except as provided in paragraph (3) of this subsection, a court may impose a civil penalty authorized in accordance with the statute under which an action is brought under this section.

(ii) A court may approve a consent judgment or settlement agreement between the parties that includes a supplemental environmental project.

(2) A civil penalty collected under this subsection shall be deposited in a manner specified by the statute.

(3) The State may not be held liable for civil penalties in any action under this subtitle.