§9–328.1.

    (a)    (1)    In this section, “administratively continued permit” means a discharge permit that has been administratively continued under Department regulations in accordance with 40 C.F.R. § 122.6(d).

        (2)    “Administratively continued permit” does not include a discharge permit that has been continued beyond its original expiration date due to an enforcement action taken during the permit term.

    (b)    (1)    To ensure compliance with the terms of a discharge permit, the Department shall conduct inspections in accordance with this subsection.

        (2)    (i)    Except as provided in subparagraph (ii) of this paragraph, and subject to paragraph (4) of this subsection, beginning July 1, 2022, at least once per month the Department shall inspect each facility or site that the Department or the U.S. Environmental Protection Agency has determined to be in significant noncompliance with an applicable State or federal water quality standard, effluent limitation, or other applicable requirement of the Department or the U.S. Environmental Protection Agency.

            (ii)    If a facility or site is determined to be in significant noncompliance solely due to the failure to report any required information to the Department or the U.S. Environmental Protection Agency, the Department may:

                1.    Delay inspections under subparagraph (i) of this paragraph by 1 month while the Department reviews the compliance status of the facility or site through correspondence with the owner or operator of the facility or site or other appropriate methods; and

                2.    Begin monthly inspections in accordance with subparagraph (i) of this paragraph if, after the period specified in item 1 of this subparagraph, the owner or operator of the facility or site has not provided the information necessary for the Department to determine the compliance status of the facility or site.

        (3)    (i)    Except as provided in subparagraph (ii) of this paragraph and subject to paragraph (4) of this subsection, beginning July 1, 2023, at least once every 90 days, the Department shall inspect each facility or site that has been operating under an administratively continued permit for longer than 365 days.

            (ii)    The Department is not required to inspect the operations of a facility or site operating a general permit that has been administratively continued, unless the Department or the U.S. Environmental Protection Agency has determined the facility or site to be in significant noncompliance as specified under paragraph (2) of this subsection.

        (4)    Inspections required under this subsection may be conducted by means other than an in–person inspection of the facility or site if the presence of the inspector would result in an unreasonable risk to health, safety, or welfare.

    (c)    (1)    This subsection applies to a permit holder that is determined by the Department or the U.S. Environmental Protection Agency to be in significant noncompliance of an applicable State or federal water quality standard, effluent limitation, or other applicable requirement of the Department or the U.S. Environmental Protection Agency two or more times in a year.

        (2)    The Department shall require a permit holder specified under paragraph (1) of this subsection to submit a written report to the Department detailing:

            (i)    How violations reported by the permit holder or noted by the Department will be addressed; and

            (ii)    The timeline for addressing the violations.

        (3)    (i)    The Department shall maintain on its website a list of permit holders determined to be in significant noncompliance under paragraph (1) of this subsection.

            (ii)    The list shall be sorted by county.

            (iii)    The Department shall provide each Senator and Delegate a link to the list by monthly e–mail.

    (d)    (1)    If a permit holder remains in significant noncompliance for the same underlying condition after 2 consecutive months of inspections conducted under subsection (b) of this section, the permit holder shall be subject to an administrative penalty of:

            (i)    For a permit holder for a facility that discharges less than 500,000 gallons per day:

                1.    $250 when the condition is observed on the third consecutive inspection;

                2.    $500 when the condition is observed on the fourth consecutive inspection; and

                3.    $2,500 when the condition is observed on the fifth consecutive inspection or any subsequent consecutive inspection; and

            (ii)    For a permit holder for a facility that discharges 500,000 gallons or more per day:

                1.    $1,000 when the condition is observed on the third consecutive inspection;

                2.    $5,000 when the condition is observed on the fourth consecutive inspection; and

                3.    $10,000 when the condition is observed on the fifth consecutive inspection or any subsequent consecutive inspection.

        (2)    The penalties provided under this subsection are in addition to any other civil or criminal penalties provided under this subtitle.