Md. Code Regs. 08.19.06.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.19.06.03 - Enforcement

A. Application.

(1) The provisions of this chapter apply to a person:

(a) Under the State program making application for a subdivision or project plan, grading, or sediment control permit, on areas 40,000 square feet or greater; and

(b) Violating the terms and provisions of an easement, covenant, or deed restrictions regarding a forest mitigation bank.

(2) A local authority may adopt the provisions of this chapter for the enforcement of a local program.

B. Complaints and Orders.

(1) In addition to sanctions authorized by Natural Resources Article, §5-1612, Annotated Code of Maryland, the Department may serve a written complaint on an alleged violator if the Department determines that there has been a violation of:

(a) A provision of Natural Resources Article, §§5-1601 -5-1611, Annotated Code of Maryland;

(b) A regulation of this subtitle;

(c) A forest stand delineation or forest conservation plan;

(d) An administrative order; or

(e) An easement, covenant, or deed restriction regarding a forest mitigation bank.

(2) The complaint shall:

(a) Identify the violator and the location of the violation;

(b) State the provision violated;

(c) State the specific facts on which the complaint is based; and

(d) Provide an opportunity to request a hearing to contest the complaint.

(3) Corrective Action.

(a) At any time, including during an enforcement action, the Department may issue an administrative order requiring the violator to take corrective action within a certain time period.

(b) The corrective action may include an order to:

(i) Stop the violation;

(ii) Stabilize the site;

(iii) Stop all construction work at the site of a regulated activity;

(iv) Restore or rectify unlawfully cleared areas; or

(v) Submit a written report or plan concerning the violation.

(4) Service.

(a) A complaint, order, or other administrative notice issued by the Department shall be served:

(i) On the violator personally;

(ii) On the violator's agent at the activity site; or

(iii) By certified mail to the violator's last known address.

(b) An order issued under this regulation is effective immediately, according to its terms, when it is served.

C. Hearings.

(1) The Department shall give notice and hold a hearing under this chapter in conformance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

(2) Within 10 calendar days of receiving a complaint, order, or notice under this chapter, the violator may request a hearing, in writing.

(3) If a person has been served with an order for corrective action, the person may request a stay in conjunction with a request for a hearing.

(4) A request for stay may be heard before or during a hearing on the complaint. At the request of a violator, a request for stay may be heard within 10 business days of the Department's receipt of the request.

(5) Administrative Action for a Forest Conservation Plan or Bond. The Department may suspend or revoke a forest conservation plan or forfeit a bond on a forest conservation plan on failure of the violator to comply with the requirements of an administrative order.

(6) In addition to seeking an injunction to enforce the terms of any easement, covenant, or deed restrictions regarding a forest mitigation bank, or seeking any other civil remedies, the Department may assess noncompliance fees against a person found to be in noncompliance with the terms of an easement, covenant, or deed restrictions regarding a forest mitigation bank. The fee shall be a penalty of 30 cents per square foot of the area found to be in noncompliance with the requirements. Money collected as noncompliance penalties shall be deposited in the State Forest Conservation Fund.

(7) Statutory Remedies. The provisions of this subtitle may not be construed to limit or affect the authority of the Department to proceed against violators under Natural Resources Article, §5-1612, Annotated Code of Maryland.

D. Plan Suspension and Revocation. The Department may suspend or revoke a plan after notice to the violator and opportunity for a hearing has been provided if the Department determines that one or more of the following has occurred:

(1) Failure of a violator to post a bond required under COMAR 08.19.05.01B;

(2) Failure to comply with the requirements of an administrative action or order issued under this subtitle, or for a violation of Natural Resources Article, §§5-1601 -5-1612, Annotated Code of Maryland;

(3) Misrepresentation in the application process or failure to disclose a relevant or material fact;

(4) Violation of a forest conservation plan requirement;

(5) Substantial deviation from the conditions, specifications, or requirements of a plan;

(6) Changes in site conditions, new information, or amended regulatory requirements necessitate revocation before a person's rights under a plan have vested.

E. Notice. Except as provided under §G of this regulation, the Department may not suspend or revoke a forest conservation plan unless the Department first gives the violator written notice by certified mail of the specific facts that warrant suspension or revocation, and an opportunity to be heard.

F. Contested Case Hearings.

(1) On receipt of written notice to suspend or revoke a forest conservation plan, the violator has 10 calendar days to request a contested case hearing.

(2) A hearing under this regulation shall be conducted in conformance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

(3) If the Department does not receive a request for a hearing, the forest conservation plan shall be suspended or revoked.

G. Emergency Action.

(1) The Department may order the immediate suspension of a forest conservation plan if the Department finds that the public health, safety, or welfare imperatively requires the emergency suspension.

(2) The Department shall promptly give the violator written notice that the emergency action has been taken.

(3) A notice of emergency action shall include a statement of:

(a) Specific facts on which the emergency suspension is based; and

(b) The violator's opportunity to be heard.

Md. Code Regs. 08.19.06.03

Regulation .03A_C amended effective June 15, 1998 (25:12 Md. R. 946)
Regulation .03C, F amended effective April 5, 2010 (37:7 Md. R. 569)