Md. Code, Environment, Title 8

Md. Code, Environment, Title 8
in effect

Md. Code, Environment § 8-101

(a) In this title the following words have the meanings indicated. (b) “Board” means the Radiation Control Advisory Board. (c) “Emergency” means a sudden and unforeseen condition of such public gravity and urgency that it requires immediate response to protect the public health and welfare. (d) “Emergency planning zone” means a plume exposure pathway emergency planning zone, as described in 10 C.F.R. § 50.47(c)(2). (e) “General license” means a license that, under the rules and regulations adopted by the Department under this title, is effective without the filing of an application by the licensee. (f) “Nuclear incident” means any occurrence, including an extraordinary nuclear occurrence, or series of occurrences at a nuclear power plant with the potential for causing bodily injury, sickness, disease, death, loss of or damage to property, or loss of use of property resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material used by a nuclear power plant or stored on its property. (g) (1) “Nuclear power plant” means any facility capable of producing electricity using nuclear energy: (i) 1. That is located in the State; or 2. With an emergency planning zone that includes any area of the State; and (ii) For which the Department participates in planning and response activities related to the facility. (2) “Nuclear power plant” includes a facility with one or more nuclear power reactors that: (i) Has spent nuclear fuel stored onsite; (ii) Has not been fully dismantled and decommissioned in accordance with applicable federal law and regulations; or (iii) Has not been granted license termination by the U.S. Nuclear Regulatory Commission. (h) “Nuclear Regulatory Commission” means the U.S. Nuclear Regulatory Commission or any successor entity responsible for federal regulation of nuclear energy. (i) “Off–site response organization” means a state, local, or tribal governmental organization responsible for carrying out emergency response functions during a nuclear incident. (j) “Person” includes any public or municipal corporation and any agency, bureau, department, or instrumentality of State or local government and, to the extent authorized by federal law, federal government. (k) “Radiation” means: (1) Ionizing radiation, including gamma rays, X–rays, alpha particles, beta particles, neutrons, high speed electrons, high speed protons, and any other atomic or nuclear particles or rays; (2) Any electromagnetic radiation that can be generated during the operation of a manufactured device that has an electronic circuit; or (3) Any sonic, ultrasonic, or infrasonic waves that are emitted as a result of the operation, in a manufactured device, of an electronic circuit that can generate a physical field of radiation. (l) “Specific license” means a license that, under the rules and regulations adopted by the Department under this title, is effective only after the applicant files an application and the Department approves the application.

Md. Code, Environment § 8-102

(a) The General Assembly finds that radiation: (1) If used properly, can help to improve the health, welfare, and productivity of the public; (2) If used carelessly or excessively, may destroy life or health; and (3) If used improperly, may impair the industrial and agricultural potential of this State. (b) It is the policy of this State: (1) To encourage the constructive uses of radiation; (2) To control radiation; and (3) To protect the public from unnecessary and harmful exposure resulting from a nuclear incident.

Md. Code, Environment § 8-103

This title does not limit: (1) Lawful exposure of patients to radiation for diagnosis or therapy; or (2) Medical research.

Md. Code, Environment § 8-104

(a) The Secretary shall: (1) Administer this title and the rules and regulations adopted under this title; (2) Develop comprehensive policies and programs to evaluate, determine, and lessen hazards that are associated with the use of radiation; (3) Advise, consult, and cooperate with: (i) Experts in the field of radiation control; (ii) Other agencies of this State; (iii) The federal government; (iv) Other states; (v) Interstate agencies; (vi) Affected groups; (vii) Affected political subdivisions; and (viii) Affected industries; (4) Accept and administer, according to law, any available loans, grants, and other funds or gifts for carrying out the Secretary’s powers and duties under this title; (5) Collect and publish health education information about protection from radiation hazards; (6) Review all radiation source plans and specifications that are submitted under the rules and regulations adopted under this title; (7) Inspect, to determine any possible radiation hazard: (i) Sources of radiation; (ii) The shielding and immediate surroundings of radiation sources; and (iii) Any records that concern the operation of radiation sources; and (8) Keep in confidence all information about commercial and industrial processes that is obtained in carrying out this title. (b) The Secretary may: (1) Authorize the Baltimore City Commissioner of Health to enforce and carry out the provisions of this title in Baltimore City; and (2) Encourage, participate in, or conduct studies, investigations, training, research, or demonstrations that concern: (i) The control of radiation hazards; (ii) The measurement of radiation; (iii) The effects on health from exposure to radiation; or (iv) Any other related problems.

Md. Code, Environment § 8-105

(a) Whenever the Secretary finds that an emergency exists, the Secretary may issue an order: (1) Stating that the emergency exists; and (2) Requiring any action that the Secretary finds necessary to meet the emergency. (b) Every order issued under this section is effective immediately.

Md. Code, Environment § 8-106

(a) Except as otherwise provided in this section, the Secretary may adopt rules and regulations for control of sources of radiation. (b) The Secretary may not adopt any rule or regulation for control of a source of radiation unless the requirements of this section and the Administrative Procedure Act are met. (c) The Secretary may not adopt any rule or regulation unless the rule or regulation conforms to the relevant standards set by: (1) The United States Nuclear Regulatory Commission; (2) The United States Food and Drug Administration; and (3) The United States Environmental Protection Agency.

Md. Code, Environment § 8-107

(a) A county, municipality, or board of health may not adopt or enforce an ordinance, rule, or regulation that is inconsistent with this title or any rule or regulation adopted under this title. (b) This title does not limit the power of a county, a municipality, or a board of health to adopt ordinances, rules, or regulations that are consistent with this title and the rules and regulations adopted under this title.

Md. Code, Environment § 8-108

On behalf of this State, the Governor may make agreements with the federal government for the federal government to discontinue certain of its responsibilities with respect to sources of radiation and for this State to assume the discontinued responsibilities.

Md. Code, Environment § 8-202

(a) (1) The Board consists of 12 members appointed by the Secretary. (2) In making appointments to the Board, the Secretary shall choose members of the Board so that the Board is fairly representative of the businesses and professions that are interested in the subject of radiation. The general public shall also be represented. (b) (1) Ten members shall be individuals who are recognized as knowledgeable about the subject of radiation. (2) Two members shall be public members who represent the community at large. (c) (1) The term of a member is 4 years and begins on June 1. (2) The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1986. The terms of those members end as follows: (i) 3 members in 1987; (ii) 2 members in 1988; (iii) 3 members in 1989; and (iv) 4 members, including 2 public members, in 1990. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

Md. Code, Environment § 8-204

(a) The Board shall determine the times and places of its meetings. (b) A member of the Board: (1) May not receive compensation; but (2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (c) The Department shall provide the Board with needed staff assistance.

Md. Code, Environment § 8-205

The Board shall: (1) Review periodically the programs and policies of the Department that relate to radiation; and (2) Consult with and advise the Secretary on matters that relate to radiation.

Md. Code, Environment § 8-301

(a) (1) Subject to Subtitle 4 of this title, the Secretary shall adopt rules and regulations for general licenses and specific licenses that govern: (i) Ionizing radiation sources and byproduct material; (ii) Special nuclear material; and (iii) Devices that use ionizing radiation sources, byproduct material, or special nuclear material. (2) The rules and regulations shall provide for: (i) The issuance, amendment, suspension, or revocation of general licenses and specific licenses; (ii) The registration of ionizing radiation sources for which a general license or specific license is not required; and (iii) Based on the kinds and amounts of radioactive material subject to specific licenses, the establishment of financial plans to ensure the decommissioning of facilities operating under those licenses and a timetable for the submission of the plans to the Department. (3) The amount of funding assurance required under a financial plan established under paragraph (2)(iii) of this subsection may not exceed the amount specified in the comparable federal regulations promulgated by the U.S. Nuclear Regulatory Agency as amended from time to time. (b) (1) The Secretary may adopt rules and regulations that: (i) Require registration by persons granted a general license; (ii) Subject to any registration requirements the Secretary requires, recognize licenses issued by the federal government or any other state; and (iii) Except as otherwise provided in subsections (c) and (d) of this section, based on the anticipated cost of monitoring and regulating sources of radiation, establish a fee schedule for general licenses, specific licenses, and the registration of radiation machines or other sources of radiation issued under this section. (2) If the Secretary finds that allowing the exemptions will not constitute a significant risk to the health and safety of the public, the Secretary may adopt rules and regulations that exempt from the licensing or registration requirements of this section: (i) Specific sources of ionizing radiation; (ii) Specific kinds of uses of ionizing radiation; and (iii) Specific kinds of users of ionizing radiation. (3) In adopting the regulations under paragraph (1)(iii) of this subsection, the Department shall consult with the regulated profession or industry to determine that the license fee is reasonable and directly related to the actual cost of the licensing and regulatory activity. (c) (1) For a dental office or dental facility operated by a licensed dentist, a partnership of licensed dentists, a professional association of licensed dentists, or a public health dental facility, the Secretary may adopt regulations that establish a fee to offset the costs of monitoring and regulating sources of radiation within that dental facility. (2) Except as provided in paragraphs (3) and (4) of this subsection, the fees established under this subsection may not exceed: (i) For the first 2 years beginning July 1, 2002, $60 per dental radiation machine per year; (ii) From June 30, 2004, through June 30, 2006, inclusive, $70 per dental radiation machine per year; and (iii) 1. After June 30, 2006, through at least June 30, 2010, $80 per dental radiation machine per year; and 2. After June 30, 2010, the fee per dental radiation machine shall continue to be $80 per year unless altered by the General Assembly. (3) The Secretary shall reduce fees proportionately to reflect the balance of any unspent or unencumbered fees collected under this subsection in the previous fiscal year. (4) If a dental radiation machine is not inspected within any 3–year period and all annual fees were paid during that 3–year period, an additional annual inspection fee is not required to be paid until a dental radiation machine inspection is performed by a State inspector. (5) (i) Except as provided in subparagraph (ii) of this paragraph, inspection of the dental radiation machines at each dental office or facility may not be performed more than once every 3 years. (ii) Inspection of the dental radiation machines at a dental office or facility may be performed more than once every 3 years if the Department has grounds to believe that: 1. A violation of this title or any rule, regulation, order, registration, certificate, or license adopted or issued under this title may exist; or 2. A hazard associated with the use of radiation may exist. (6) (i) If, based on an inspection of a dental radiation machine at a dental office or facility, the State inspector determines that there is a violation of this title and the violation does not present a serious and probable danger to the patients or employees of the dental office or facility, the State inspector shall provide the dental office or facility a written notice: 1. Setting forth the nature of the violation and the required corrective action; 2. Informing the dental office or facility that the dental office or facility has 20 working days to comply with the corrective action; and 3. Informing the dental office or facility of the required procedure to inform the Department that the corrective action has been completed. (ii) If the corrective action is completed within 20 working days in accordance with subparagraph (i) of this paragraph, the Department may not impose a fine on a dental office or dental facility for a violation of this title. (d) The provisions of subsections (b) and (c) of this section relating to fees for monitoring and regulating sources of radiation do not apply to: (1) A dental school accredited by the Commission on Dental Accreditation of the American Dental Association; or (2) After June 30, 2016, a temporary dental clinic that holds a permit under Title 4 of the Health Occupations Article, provides all services on a pro bono basis, and operates fewer than 100 hours a year.

Md. Code, Environment § 8-302

Whenever the Secretary finds that an emergency exists, the Secretary may order the impoundment of any source of ionizing radiation that is in the possession of any person: (1) Who is not equipped to meet the requirements of this subtitle or the rules and regulations adopted under this subtitle; or (2) Who violates the provisions of this subtitle or the rules or regulations adopted under this subtitle.

Md. Code, Environment § 8-303

If the Secretary finds, on examination of a source of radiation, that the source of radiation is constructed, operated, or maintained in a manner that violates this subtitle or a rule or regulation adopted under this subtitle, the Secretary shall: (1) Notify the person who is causing or permitting the violation of the nature of the violation; and (2) Order that person: (i) By a time set by the Secretary, to stop causing or permitting the violation; and (ii) By a time set by the Secretary, to take any action necessary so that the source of radiation is constructed, operated, and maintained in compliance with this subtitle and the rules and regulations adopted under this subtitle.

Md. Code, Environment § 8-304

(a) In this section, “radiation machine” means any device that is capable of producing radiation. (b) After July 1, 1986, except for dental or veterinary diagnosis or treatment, a person may not use any radiation machine that is a source of radiation that is not certified as complying with this subtitle and all rules and regulations adopted under this subtitle. (c) The Secretary shall adopt rules and regulations to: (1) Govern the issuance, suspension, and revocation of licenses for individuals who inspect radiation machines; (2) Establish inspection procedures and a schedule for the periodic inspection and certification of radiation machines; (3) Establish a biennial fee schedule in accordance with § 8-301(b)(1)(iii) of this subtitle that is sufficient only to cover the costs to the Department of issuing the certificate and regulating the use of radiation; and (4) Provide for penalties for the failure to certify radiation machines.

Md. Code, Environment § 8-305

(a) (1) In this section the following words have the meanings indicated. (2) “Listed facility” means a radon testing facility that is listed in the report of the latest round of the United States Environmental Protection Agency’s National Radon Measurement Proficiency Program. (3) (i) “Radon testing device” means a device that: 1. Collects radon or radon progeny; and 2. Requires analysis by an independent measuring facility or radon tester. (ii) “Radon testing device” does not include a self-analyzing device that collects radon or radon progeny. (b) A person who engages in the business of testing for the presence of indoor radon shall: (1) After completion of round 6 of the United States Environmental Protection Agency’s National Radon Measurement Proficiency Program, have all tests analyzed by a listed facility; (2) Indicate the name of the facility conducting the analysis on the radon testing device; and (3) Disclose in writing to the ultimate consumer the results of the radon test and the name and address of the facility that analyzed the test. (c) The Department: (1) May adopt regulations to require radon testing facilities to send test results to the Department; and (2) May not disclose, in response to a request from the public for the name of a radon testing facility, the name of a radon tester that is not a listed facility.

Md. Code, Environment § 8-306

(a) There is a State Radiation Control Fund. (b) All general license fees, specific license fees, registration fees, radiation machine certification fees, and all funds collected by the Department under this title, including any civil penalties, settlements, or fines, shall be paid into the State Radiation Control Fund. (c) The Department shall use the State Radiation Control Fund for activities that are related to identifying, monitoring, and controlling sources of radiation, including radiation machines, and for program development of these activities. (d) The Department shall adopt regulations for the management and use of the money in the Fund.

Md. Code, Environment § 8-401

(a) In this subtitle the following words have the meanings indicated. (b) “High-level nuclear waste” means: (1) Spent nuclear reactor fuel; (2) Liquid waste that results from the operation, in a facility for reprocessing spent nuclear reactor fuel, of a first cycle solvent extraction system or an equivalent system; (3) Concentrated waste from the operation, in a facility for reprocessing spent nuclear reactor fuel, of a subsequent cycle solvent extraction system or an equivalent system; or (4) Any solid into which any waste that is described in item (2) or (3) of this subsection has been converted. (c) “Low-level nuclear waste” means waste that: (1) Contains or is contaminated with radioactive material emitting primarily beta or gamma radiation; and (2) Is neither high-level nuclear waste nor transuranic waste. (d) “Transuranic waste” means waste material that is measured or assumed to contain at least 10 nanocuries of transuranic activity per gram of waste.

Md. Code, Environment § 8-402

(a) Except as provided in subsection (b) of this section, the Department may not issue or renew a specific license unless the applicant demonstrates to the Department that there is storage or disposal capacity available inside or outside of this State for any low-level nuclear waste that the applicant may generate. (b) This section does not apply: (1) To the extent that the Department is authorized to issue a specific license under: (i) An interstate compact or executive agreement made under § 7-227 of this article; (ii) A rule or regulation adopted under § 8-403 of this subtitle; or (iii) An executive order issued under § 8-406 of this subtitle; (2) To renewal of any license originally issued before January 1, 1986; (3) To any facility that generated low-level nuclear waste before January 1, 1986; (4) To any hospital, medical, or educational facility; or (5) To any low-level nuclear waste, if, under standards adopted by rule or regulation, the Department finds that: (i) The half-life or specific activity of the low-level nuclear waste is such that, within a period of not more than 6 months, the low-level nuclear waste will not require special handling, special subsurface disposal, or special storage; and (ii) The low-level nuclear waste can be disposed of safely in the same manner as other hazardous substances or handled as conventional waste.

Md. Code, Environment § 8-403

(a) The Secretary may adopt a rule or regulation certifying that a demonstrated technology or means for the permanent disposal of low-level nuclear waste: (1) Has been developed; (2) Will be in operation and will provide adequate capacity at the time that the activity licensed under this title requires the availability of disposal capacity for low-level nuclear waste; and (3) Has been approved by: (i) The appropriate federal agency; (ii) An authorized agency of a state that is a party to a compact or agreement with this State; (iii) A regional compact or executive agreement among states to which this State is a party member; or (iv) The Department. (b) On petition by any person, the Secretary shall schedule and conduct public hearings and make specific findings as to the conditions described in this section. (c) (1) The Administrative, Executive, and Legislative Review Committee of the General Assembly shall review at a public hearing each rule or regulation proposed for adoption under subsection (a) of this section. (2) The Committee promptly shall notify the General Assembly of the text of the proposed rule or regulation and of the date of the Committee’s hearing on the proposed rule or regulation.

Md. Code, Environment § 8-404

The following State agencies shall assist the Secretary in evaluating any technology or means for the permanent disposal of low–level nuclear waste: (1) The State Department of Agriculture. (2) The Maryland Department of Labor. (3) The Department of Natural Resources. (4) The State Department of Transportation. (5) The Department of Planning.

Md. Code, Environment § 8-406

(a) The Governor may issue an executive order that suspends the requirements of § 8-402(a) of this subtitle if the Governor finds that the absence of a storage or disposal site for low-level nuclear waste, inside or outside of this State, will: (1) Cause a cessation in this State of power generation, medical treatment, medical diagnosis, scientific research, or other activity that relies on nuclear sources; or (2) Otherwise present a serious threat to the public safety or health. (b) The Governor shall submit each executive order issued under this section to the General Assembly at a regular or special session. (c) Unless an executive order issued under this section is disapproved specifically by a resolution in which a majority of the members of each house of the General Assembly concurs, an executive order issued under this section is effective 30 days after the date the executive order is submitted to the General Assembly.

Md. Code, Environment § 8-501

(a) In accordance with § 10-226 of the State Government Article and after notice and hearing, the Department may suspend, modify, or revoke any general or specific license issued under § 8-301 of this title or any license issued under § 8-304 of this title for violation of this title or any regulation adopted under this title. (b) The Department may revoke any license issued under this title if the Department finds that: (1) False or inaccurate information was willfully, deliberately, or knowingly contained in the application; (2) Conditions or requirements of the license have been violated; (3) Substantial deviation from plans, specifications, or requirements has occurred; (4) The Department has been refused lawful entry to the premises for the purpose of inspecting to ensure compliance with the conditions of the license; or (5) A change in conditions exists that requires temporary or permanent reduction or elimination of the source or discharge of radiation.

Md. Code, Environment § 8-502

(a) The Department shall 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 title; (2) Any regulation adopted under this title; (3) Any lawful order issued by the Department under this title; or (4) Any applicable provision of any general or specific license or x-ray machine inspector license issued by the Department under this title. (b) A complaint issued under this section shall: (1) Specify the provision that allegedly has been violated; and (2) State the alleged facts that constitute the violation.

Md. Code, Environment § 8-503

(a) After or concurrently with service of a complaint under this subtitle, the Department may: (1) Issue an order that requires the person to whom it is directed to take corrective action within a time set in the order; (2) Send a written notice that requires the person to whom it is directed to file a written report about the alleged violation in not less than 5 days from service of the order; or (3) Send a written notice that requires the person to whom the notice is directed: (i) To appear at a hearing before the Department at a time and place the Department sets to answer the allegations of the complaint; or (ii) To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint. (b) Any order issued under this section is effective immediately, according to its terms, when it is served.

Md. Code, Environment § 8-504

(a) (1) Except as otherwise provided, any notice, order, or other instrument issued by or under authority of the Department under this subtitle may be served in accordance with § 1–204 of this article. (2) Proof of service may be made by the sworn statement or affidavit of the person who mailed the notice, order, or other instrument. (3) The sworn statement or affidavit shall be filed with the Department. (b) Any notice that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of: (1) The time set for the hearing, if any; or (2) The time set for the filing of the report, if any.

Md. Code, Environment § 8-505

(a) (1) The Department shall give notice and hold any hearing under this subtitle in accordance with § 10-205 of the State Government Article. (2) Any hearing related to a complaint shall be held in the manner provided in § 10-205 of the State Government Article for hearings in contested cases. (b) (1) Within 10 days after being served with an order under § 8-503(a)(1) of this subtitle, the person served may request, in writing, a hearing before the Department. (2) (i) If a request for a hearing is made under this subsection, the Department shall hold the hearing promptly after receiving the request and render a decision promptly after the hearing. (ii) If a request for a hearing is made under this subsection and the Department alleges in the order that there is an imminent threat or danger to the public health or safety or to the environment, the Department shall hold the hearing within 10 days after receiving the request and render a decision within 10 days after the hearing. (c) Within 10 days after being served with notice under § 8-503(a)(2) of this subtitle the person served may request, in writing, a hearing before the Department. (d) On the request of any party to the hearing, the Department shall take a verbatim record in accordance with Title 10, Subtitle 2 of the State Government Article of the proceedings of any hearing held under this subtitle. (e) (1) In connection with any hearing under this subtitle, the Department may: (i) Subpoena any person or evidence; and (ii) Order a witness to give evidence. (2) A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action. (3) If a person fails to comply with a subpoena issued under this subsection, on petition of the Department, a circuit court, by order, may: (i) Compel obedience to the Department’s order or subpoena; or (ii) Compel testimony or the production of evidence. (4) The court may punish as a contempt any failure to obey its order issued under this section.

Md. Code, Environment § 8-506

(a) (1) Unless the person served with an order under § 8-503(a)(1) of this subtitle makes a timely request for a hearing, the order is a final order. (2) If the person served with an order under § 8-503(a)(1) of this subtitle makes a timely request for a hearing, the order becomes a final corrective order when the Department renders its decision following the hearing. (b) (1) If the Department issues a notice under § 8-503(a)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of: (i) The time set for the hearing, if any; and (ii) The time set for filing of the report, if any. (2) After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this title has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order. (3) Any order issued under this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Department as a result of the order. (c) The Department shall: (1) Take action to secure compliance with any final corrective order; and (2) If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.

Md. Code, Environment § 8-507

(a) The Department may bring an action for an injunction against any person who violates any provision of this title or any regulation, order, or permit adopted or issued by the Department under this title. (b) On a showing that any person is violating or is about to violate this title or any regulation, order, or license adopted or issued by the Department, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law. (c) If an emergency arises from imminent danger to the public health, to the public welfare, or to the environment, the Department may sue for an immediate injunction to stop any activity that is causing the danger.

Md. Code, Environment § 8-508

(a) Any person aggrieved by a final decision of the Department in connection with an order or license issued under this title may take a direct judicial appeal. (b) The appeal shall be made as provided for judicial review of final decisions under Title 10 of the State Government Article.

Md. Code, Environment § 8-509

(a) (1) A person who fails, refuses, or neglects to comply with any provision of this title, or with any regulation adopted under this title, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both. (2) Before any prosecution is begun under this subsection, the Secretary shall serve written notice of each alleged violation on a person who is in charge of the place where the violation allegedly exists. (b) (1) In addition to any criminal penalty imposed under this section, a person who violates any provision of this title, any regulation or order issued under this title, or any term, condition, or limitation of any license or registration certificate issued under this title: (i) Is liable for a civil penalty not exceeding $10,000, to be collected in a civil action in the circuit court for any county; and (ii) May be enjoined from continuing the violation. (2) Each day a violation occurs is a separate violation under this subsection. (3) Whether or not a court action has been filed, the Secretary, with the concurrence of the Attorney General, may compromise and settle any claim for a civil penalty under this section. (c) This section does not apply to an action subject to a penalty provision of Title 7 or Title 9 of this article.

Md. Code, Environment § 8-510

(a) In addition to any other remedies available at law or in equity and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the Department may impose a penalty for violation of any provision of this title, or any regulation, order, plan for compliance, registration, certificate, or license adopted or issued under this title. (b) (1) The penalty imposed on a person under this section shall be: (i) Up to $1,000 for each violation, but not exceeding $50,000 total; and (ii) Assessed with consideration given to: 1. The willfulness of the violation, to the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care; 2. Any actual harm to human health or to the environment; 3. The nature and degree of injury to or interference with general welfare, health, and property; 4. The cost of control of the source of radiation or any emission of radiation; 5. The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health or safety; 6. The available technology and economic reasonableness of correcting, controlling, reducing, or eliminating the situation or condition that caused the violation; 7. The degree of hazard posed by the source of radiation or the emission of radiation; and 8. The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator. (2) Each day a violation occurs is a separate violation under this section. (3) Any penalty imposed under this section is payable to this State and collectible in any manner provided at law for the collection of debts. (4) If any person who is liable to pay a penalty imposed under this section fails to pay it after demand, the amount, together with interest and any costs that may accrue, shall be: (i) A lien in favor of this State on any property, real or personal of the person; and (ii) Recorded in the office of the clerk of court for the county in which the property is located.

Md. Code, Environment § 8-511

The Attorney General shall take charge of, prosecute, and defend on behalf of this State every case arising under the provisions of this title, including the recovery of penalties.

Md. Code, Environment § 8-512

The pursuit of a remedy under this title may not preclude the Department or the Attorney General from pursuing other remedies under this title.

Md. Code, Environment § 8-701

(a) It is the policy of the State to protect the public against adverse health effects resulting from nuclear incidents and mitigate the impacts of nuclear incidents by establishing a state of readiness through emergency preparedness. (b) The General Assembly finds that the nuclear industry should bear the costs associated with developing and implementing plans to prepare for and mitigate the impacts of nuclear incidents.

Md. Code, Environment § 8-702

(a) (1) There is a Radiation Emergency Response Program. (2) The Department shall administer the Program. (b) The Department shall serve as: (1) An off–site response organization; and (2) The lead State agency for protective actions for all nuclear incidents within the State. (c) The Department shall: (1) (i) Prepare a technical emergency radiation response plan for incorporation into the State emergency management program developed by the Maryland Department of Emergency Management in accordance with Title 14 of the Public Safety Article; and (ii) Respond to emergencies that involve a nuclear power plant; (2) Participate in the Federal Emergency Management Administration’s Radiological Emergency Preparedness Program activities applicable to each nuclear power plant; and (3) Procure specialized supplies and equipment for responding to emergencies that involve a nuclear power plant.

Md. Code, Environment § 8-703

(a) The owner of a nuclear power plant shall, for each nuclear power plant owned, remit the fees required under this section to the Department. (b) (1) On or before July 1, 2024, and each July 1 thereafter, the owner of a nuclear power plant shall pay to the Department: (i) Subject to paragraph (2) of this subsection, a fee of $300,000 for the operational costs of the Radiation Emergency Response Program; and (ii) Subject to paragraphs (2) and (3) of this subsection, a fee of $60,000 for radiological emergency response preparedness. (2) (i) Subject to subparagraph (ii) of this paragraph, the Department may annually increase the fees under paragraph (1) of this subsection in accordance with the percentage increase in the Consumer Price Index for All Urban Consumers for the Washington Metropolitan Area during the previous year to ensure adequate funding for the operational costs of the Radiation Emergency Response Program. (ii) The Department may not annually increase the fees under paragraph (1) of this subsection by more than 3%. (3) The Department shall transfer the fee collected under paragraph (1)(ii) of this subsection to the Maryland Department of Emergency Management for radiological emergency response preparedness activities. (c) Except as provided in subsection (b)(3) of this section, the fees collected under this section shall be paid into the Radiation Emergency Response Fund under § 8–704 of this subtitle.

Md. Code, Environment § 8-704

(a) In this section, “Fund” means the Radiation Emergency Response Fund. (b) There is a Radiation Emergency Response Fund. (c) The purpose of the Fund is to support the costs of developing and implementing the Radiation Emergency Response Program. (d) The Department shall administer the Fund. (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (f) The Fund consists of: (1) Fees collected under § 8–703(b)(1)(i) of this subtitle; (2) Money appropriated in the State budget to the Fund; (3) Interest earnings; and (4) Any other money from any other source accepted for the benefit of the Fund. (g) The Fund may be used only for developing and implementing the Radiation Emergency Response Program, including administrative expenses. (h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. (2) Any interest earnings of the Fund shall be credited to the Fund. (i) Expenditures from the Fund may be made only in accordance with the State budget. (j) Money expended from the Fund for the Radiation Emergency Response Program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Radiation Emergency Response Program.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

Starting a business in Maryland? Maryland LLC guide: costs and requirements