Md. Code Regs. 26.19.01.15

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.19.01.15 - Violations of Statutory, Regulatory, or Permit Requirements

A. A person who violates or causes an act which violates a provision of Environment Article, §§ 14-101 -14-120, Annotated Code of Maryland, and this chapter, or who violates or fails to comply with a permit or an order of the Department when due notice is given, is guilty of a misdemeanor, and, upon conviction, the violator is subject to a fine not exceeding $1,000 per day for each day of the offense, not to exceed a total fine of $50,000, with costs imposed at the discretion of the court.

B. If the Department determines that there has been a violation of a provision of Environment Article, §§ 14-101 -14-120, Annotated Code of Maryland, and this chapter, or a violation or failure to comply with a permit issued under this chapter, the Department may cause a written complaint to be served upon the alleged violator specifying the nature of the violation.

C. After or concurrent with service of the complaint, the Department may:

(1) Issue an administrative order requiring necessary corrective action, including stopwork, or restoration to be taken within the time prescribed and providing the alleged violator with the opportunity to request a hearing before the Department within 10 days after receipt of the order;

(2) Require the alleged violator to file a written report regarding the alleged violation;

(3) Require the alleged violator to appear before the Department at a time and place the Department specifies to answer the charge outlined in the complaint.

D. An order the Department issues shall be served on the alleged violator personally or by registered mail, return receipt requested.

E. Upon failure by the alleged violator to comply with the requirements of an administrative order, a permit may be modified or suspended by the Department.

F. Modification or suspension of a permit shall be effective without stay upon appropriate notice to the alleged violator.

G. An administrative action or a permit suspension or modification may not be stayed pending a hearing.

H. Under emergency conditions, such as violation or imminent violation of an applicable State requirement, a permit may be modified or suspended.

I. The Department may inspect a permitted site at any time in order to determine whether conditions of the permit have been satisfied or whether the permit should be modified, suspended, or revoked.

J. A permit may be revoked after notice to the permittee, if the Department determines that:

(1) The permittee has failed to comply with the requirements of an administrative order;

(2) False or inaccurate information was contained in the application for the permit;

(3) Conditions or requirements of the permit have been or are about to be violated;

(4) Substantial deviation from plans, specifications, or requirements has occurred;

(5) The permittee has failed to allow an authorized representative of the Department upon presentation of proper credentials to:

(a) Enter at any reasonable time upon the permittee's premises where pertinent operations are conducted, or where records are required to be kept under terms and conditions of the permit;

(b) Have access to and copy any records required to be kept under terms and conditions of the permit;

(c) Inspect facilities to ensure compliance with the conditions of the permit;

(d) Inspect any monitoring equipment or method required in the permit; or

(6) A change in conditions exists that requires temporary or permanent modification or elimination of the permitted operation.

K. The permittee has 10 calendar days to request a hearing, in writing, on the permit revocation to determine if the permit shall be reinstated.

L. The provisions of this regulation may not be construed to limit or otherwise affect the authority of the Department to proceed against violators under State law.

Md. Code Regs. 26.19.01.15