Md. Code Regs. 26.24.01.06

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

Section 26.24.01.06 - Violations of Statutory, Regulatory, License, or Permit Requirements

A. Determination of Violation. The Department shall serve a written complaint on a violator if it determines that there has been a violation of:

(1) Any provision of Environment Article, 16-101-----16-503, Annotated Code of Maryland;

(2) A regulation in this subtitle;

(3) A license or permit condition; or

(4) An administrative order.

B. Complaints. A complaint shall comply with the notice requirements under COMAR 08.01.04.05 o.

C. Orders. 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. The order may require the violator to:

(1) Cease the violation;

(2) Stabilize the site;

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

(4) Restore unlawfully affected State or private wetlands; or

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

D. Suspension or Revocation.

(1) Grounds for License or Permit Suspension or Revocation. The Department or the Board may suspend or revoke a permit or license if the Department determines that any of the following have occurred:

(a) A violation of the provisions of Environment Article, 16-101-----16-503, Annotated Code of Maryland, this subtitle, or COMAR 23.02.04;

(b) Failure of a licensee or permittee to comply with the requirements of an administrative action or order under this subtitle;

(c) Requirements and conditions of the license or permit have been violated;

(d) Misrepresentation in the license or permit application process or failure to disclose a relevant or material fact has occurred;

(e) There has been a substantial deviation from the plans, specifications, or requirements of the license or permit;

(f) The licensee or permittee has prevented a representative of the Department from entering the site to make reasonable inspections;

(g) The licensee or permittee's rights under the license or permit have not been vested and new information, changes in site conditions, or amended regulatory requirements necessitate revocation; or

(h) The licensee or permittee has failed to post or maintain financial assurances required under COMAR 26.24.05.02 o.

(2) Notice. Except for emergency actions under §H of this regulation, a tidal wetlands license or permit may not be suspended, modified, or revoked unless the Department or the Board first gives the permittee or licensee written notice by certified mail of the specific facts that warrant suspension or revocation.

(3) Hearings.

(a) Upon receipt of written notice to suspend, modify, or revoke a permit, the permittee or surety has 10 calendar days to request a contested case hearing.

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

(c) An appeal from a license suspension or revocation shall be in accordance with COMAR 23.02.04.

(d) If the Department does not receive a request for a hearing, the permit shall be suspended, modified, or revoked, and the right to appeal shall be waived.

E. Bond Forfeiture. If the Department finally determines that a permit shall be revoked, the Department may immediately forfeit the bond and notify the permittee and surety in writing. An appeal of the final decision to forfeit a bond shall be to the circuit court.

F. Service.

(1) A complaint, order, or other administrative notice issued by the Department may be served on a violator personally or by certified mail to the violator's last known address.

(2) An order issued under this regulation is effective immediately.

G. Hearings.

(1) The Department shall hold a hearing under this regulation 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 service of a written complaint under this regulation, a violator may request a hearing in writing.

H. Emergency Action.

(1) License Recommendations. The Department may recommend that the Board take action to immediately suspend a license if the Department:

(a) Finds that the public health, safety, or welfare imperatively requires immediate suspension; and

(b) Promptly gives the licensee written notice of the recommendation which shall include:

(i) Specific facts upon which the immediate suspension is based, and

(ii) The licensee's opportunity to appeal in accordance with COMAR 23.02.04.

(2) Permit Actions.

(a) The Department may order an immediate suspension of a permit if the Department:

(i) Finds that the public health, safety, or welfare imperatively requires the immediate suspension; and

(ii) Promptly gives the permittee written notice of the suspension.

(b) A notice of immediate suspension shall include a statement of:

(i) Specific facts on which the immediate suspension is based; and

(ii) The permittee's opportunity to be heard in accordance with §D of this regulation.

Md. Code Regs. 26.24.01.06

Regulations .06 were recodified from Regulations .01, .02, .13, .24, .25, .27, and .28, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996