§ 8-705. Failure to establish and maintain best management practice

   (a) Liability for failure. -- Failure by a person to establish, install, construct, or maintain a best management practice in accordance with the agreement required to be executed with the Department under § 8-704 of this subtitle shall render the person liable for an amount, to be determined by the Department, of State cost sharing funds paid for practices that are not implemented or maintained. However, a person may not be found liable for inadequate maintenance or destruction of a best management practice if it were caused by an act of nature that could not reasonably be anticipated by the person.

(b) Action to enforce agreement. -- The Attorney General, at the request of the Secretary of Agriculture may institute appropriate legal action to enforce the terms and conditions of all cost sharing agreements executed under this subtitle.

HISTORY: 1982, ch. 405; 2005, ch. 385.