Md. Code Regs. 26.04.04.38

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

Section 26.04.04.38 - Enforcement and Appeal

A. If the Approving Authority determines that there has been a violation of this chapter or of any permit or permit special condition, the Approving Authority shall:

(1) Serve upon the alleged violator a written complaint specifying the nature and extent of the violation, items to be corrected, and time limits for correction; and

(2) Notify the well owner of the violation.

B. If a person violating a requirement of this chapter cannot correct the violation, the Approving Authority may require abandonment and sealing of the well.

C. A person aggrieved by a final decision of the Approving Authority in a contested case has the right to have the decision reviewed in accordance with the provisions of the Administrative Procedure Act and other applicable statutes and regulations. All appeals shall be filed with the Director, Water Management Administration, within 30 days after notification of the final decision by the Approving Authority.

D. A person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction is subject to the provisions under Environment Article, § 9-1311, Annotated Code of Maryland.

E. A person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter is guilty of a misdemeanor and upon conviction is subject to the provisions under Environment Article, § 9-1311, Annotated Code of Maryland.

Md. Code Regs. 26.04.04.38

Regulations .38 adopted effective 42:1 Md. R. 19, eff.1/15/2015