Md. Code Regs. 10.17.01.10

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.17.01.10 - Suspension or Revocation of an Operating Permit

A. Suspension.

(1) The Secretary may:

(a) Suspend an operating permit if an owner or operator violates a requirement of this chapter; and

(b) Summarily suspend an operating permit and close a public pool or spa when protection of the public health, safety, or welfare imperatively requires emergency action.

(2) The Secretary may summarily suspend an operating permit pursuant to §A(l)(b) of this regulation for a

(a) Residual disinfection levels in violation of Regulation .44 of this chapter;

(b) Sanitary water quality in violation of Regulation .48 of this chapter;

(c) Water pH in violation of Regulation .45A(1) of this chapter;

(d) Water clarity in violation of Regulation .45A(7) of this chapter;

(e) A malfunctioning or nonworking recirculation or disinfection system;

(f) A condition that may endanger the health and safety of an individual using a pool or spa, for example, a missing drain cover or other suction outlet entrapment hazard; and

(g) A lifeguard has not been provided as required in Regulation .40 of this chapter.:

(a) Critical violation not corrected immediately; or

(b) Major violation not corrected within 24 hours.

B. Revocation and Permitting After Revocation.

(1) The Secretary may revoke a permit for:

(a) Consecutive repeat violations of a requirement of this chapter; or

(b) An owner whose operating permit was revoked within the past 2 years, upon determination that the owner is in violation of the same requirement of this chapter that resulted in the previous revocation.

(2) The Secretary may issue an operating permit to an owner whose operating permit was revoked:

(a) After the 6-month waiting period from the date of revocation has expired; and

(b) When the owner:

(i) Corrects the violations;

(ii) Applies for an operating permit;

(iii) Pays the applicable fees; and

(iv) Complies with all applicable provisions of this chapter.

C. Hearing.

(1) In the case of the summary suspension of a permit pursuant to §A(1)(b) of this regulation, the Secretary shall provide a person with written notice of the violation and an opportunity for a hearing pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(2) In the case of a permit suspension pursuant to §A(1)(a) of this regulation or a permit revocation pursuant to §B of this regulation, before taking action against a person, the Secretary shall provide written notice of the facts that warrant the suspension or revocation and an opportunity for a hearing before suspending or revoking the permit.

(3) To preserve a right to a hearing, a person shall contact the Secretary within 10 business days of the receipt of the notice.

Md. Code Regs. 10.17.01.10

Regulation .10 amended effective 47:10 Md. R. 515, eff. 11/2/2020