§ 2-1005
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§2–1005.
(1)The allowance penalty provisions of this section are in addition to the administrative and civil penalty provisions provided under §§ 2-604, 2-609, 2-610, and 2-610.1 of this title.
(2)Each one-half ounce of mercury and each ton of sulfur dioxide or nitrogen oxides emitted in excess of the limitations set forth or imposed in accordance with § 2-1002 of this subtitle shall be a separate violation under §§ 2-610 and 2-610.1 of this title.
(b)If, in any calendar year during the period from January 1, 2010 through December 31, 2012, a person fails to achieve and maintain full compliance with the emissions limitations established by the Department under § 2-1002(e) of this subtitle, the person shall surrender:
(1)One sulfur dioxide allowance for each ton of sulfur dioxide emitted in excess of the emission rate limitation; and
(2)One oxide of nitrogen allowance for every 2 tons of sulfur dioxide emitted in excess of the emission rate limitation.
(c)If, in any calendar year, during the period from January 1, 2009 through December 31, 2011, a person fails to achieve full compliance with the oxides of nitrogen emission limitations in § 2-1002(e) of this subtitle, the person shall surrender one oxide of nitrogen allowance for each ton of oxides of nitrogen emitted in excess of the required emission rate limitation.
(d)A person that surrenders allowances in accordance with subsection
(b)or
(c)of this section shall surrender the allowances to the Department’s surrender account by March 1 of the year following the year in which the person failed to achieve and maintain compliance with the applicable emission limitation.