Md. Code Regs. 26.04.06.74

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

Section 26.04.06.74 - Suspension, Revocation, or Modification by the Department

A. After written notification and an opportunity to request a hearing by the Department, the Department may suspend, revoke, or modify a Sewage Sludge Utilization Permit if the Department finds that:

(1) False or inaccurate information was contained in:

(a) The Sewage Sludge Utilization Permit Application;

(b) The information and forms required as part of the Sewage Sludge Utilization Permit Application; or

(c) Information required as part of the Sewage Sludge Utilization Permit;

(2) As part of a regulated activity by a permittee, there is or has been a violation of:

(a) The Environment Article, Annotated Code of Maryland;

(b) Applicable requirements of this chapter; or

(c) Any conditions in the Sewage Sludge Utilization Permit;

(3) Substantial deviation from approved plans, specifications, or requirements has occurred as determined by the Department;

(4) The Department, an authorized representative of the Department, or the local health official has been refused entry to the premises for the purpose of inspecting or sampling to ensure compliance with the terms and conditions of the Sewage Sludge Utilization Permit;

(5) Conditions exist which are causing or may cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department;

(6) The permittee has been negligent or incompetent in the utilization of sewage sludge;

(7) The sewage sludge generator fee as required in Regulation .08 of this chapter has not been paid; or

(8) Any other good cause exists for suspending, revoking, or modifying the Sewage Sludge Utilization Permit.

B. Immediate Suspension or Revocation.

(1) Notwithstanding other provisions of this chapter or the terms and conditions of the Sewage Sludge Utilization Permit, the Department may immediately suspend or revoke a Sewage Sludge Utilization Permit if the Department determines there is an immediate and substantial threat to the environment, public health, safety, or welfare.

(2) The Department shall deliver written notice of an immediate suspension or revocation of a Sewage Sludge Utilization Permit to the permittee which does the following:

(a) Informs the permittee of the emergency suspension or revocation;

(b) Cites the regulation or regulations with which the permittee has failed to comply that is the basis for the emergency suspension or revocation;

(c) Specifies the corrective action to be taken by the permittee and the time period within which the action shall be taken; and

(d) Notifies the permittee of the right to request a hearing.

(3) The filing of a hearing request does not stay the revocation or suspension.

C. An opportunity shall be provided for a hearing if the permittee files a written request with the Department within 10 calendar days of receipt of the notice of suspension, revocation, or modification of a Sewage Sludge Utilization Permit.

D. A hearing provided for in this regulation shall be conducted by the Department at a designated time and place in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

E. Actions taken in accordance with this regulation do not preclude the Department from taking other administrative, civil, or criminal action for violations of State law, regulations, or terms or conditions of a Sewage Sludge Utilization Permit.

F. If the Department suspend or revokes a Sewage Sludge Utilization Permit, the Department shall send notice of the suspension or revocation to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department.

Md. Code Regs. 26.04.06.74

Regulations .74 adopted effective 41:10 Md. R. 562, eff.5/26/2014