Md. Code Regs. 26.17.04.12

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

Section 26.17.04.12 - Violations of Statutory, Regulatory, or Permit Requirements

A. Action on Violation. If the Administration determines that there has been a violation of any provision of Environment Article, §§ 5-501 -5-514, Annotated Code of Maryland, of any regulation, or of any permit, it shall cause a written complaint to be served upon the alleged violator. The complaint shall specify the nature of the violation. After, or concurrent with, service of the complaint, the Administration may exercise one of the following options:

(1) Issue an administrative order requiring necessary corrective action to be taken within the time prescribed in its order. Any person named in the order may request in writing a hearing before the Administration not later than 10 days after the date the order is served, in which case a hearing shall be scheduled within 10 days from receipt of the request. A decision shall be rendered within 10 days from the date of the hearing.

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

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

(4) Require the alleged violator to file a written report regarding the alleged violation and appear before the Administration at a time and place the Administration specifies to answer the charges outlined in the complaint. If the Administration exercises the option provided by §A(2) of this regulation, the alleged violator may request in writing a hearing before the Administration not later than 10 days after the date that notice of the requirement of the written report is served. The following apply:

(a) The appearance of the alleged violator before the Administration under the options provided by §A(3) or (4) of this regulation constitutes an administrative hearing and the party has the right of any party in a contested case provided in State Government Article, §§ 10-201 -10-217, Annotated Code of Maryland.

(b) If the Administration exercises the option provided by §A(2), (3), or (4) of this regulation, it may not issue an order requiring corrective action to be taken as a result of the alleged violation before expiration of the time set for filing any report and holding any hearing required under these paragraphs. After that, the Administration may issue an order requiring necessary corrective action to be taken within the time prescribed in the order. A person is not entitled to a hearing before the Administration as a result of this order.

(c) Notice of a hearing or of a requirement that a written report be filed shall be served on the alleged violator personally or by certified or registered mail to his last known post office address not less than 10 days before the time set for the hearing or filing of a report.

(d) Each order the Administration issues under the provisions of this section shall be served on the person affected personally or by certified or registered mail to his last known post office address. The order shall become effective immediately according to its terms upon service.

B. Administrative Action With Regard to Permit. Upon failure by the owner to comply with the requirements of an administrative order, a permit may be modified or suspended. Modification or suspension of a permit shall be effective without stay upon receipt by the owner of appropriate notice. Upon written request for a hearing by the owner in accordance with the procedure specified in §A of this regulation, a hearing shall be held, but the administrative action may not be stayed pending the hearing.

C. Emergency Action. Under emergency conditions, such as violation or imminent violation of any applicable State requirement, a permit may be modified or suspended. Modification or suspension of a permit shall be effective without stay upon receipt by the permittee of appropriate notice. Upon written request by the permittee for a hearing before the Administration, in accordance with the procedure specified in §A of this regulation, a hearing will be held, but the administrative action may not be stayed pending the hearing.

D. Permit Review. The Administration may review any permit which it has issued in order to determine whether the:

(1) Conditions of the permit have been satisfied; or

(2) Permit should properly be modified, suspended, or revoked.

E. Permit Modification. If it is found that amendments and changes are necessary to insure safety or for other valid reasons, the Administration may order or permit the necessary revision of plans and specifications. However, if conditions are revealed which will not permit safe construction, the permit shall be revoked.

F. Permit Revocation.

(1) A permit may be revoked after notice to the permittee and opportunity for a hearing if the Administration determines that any of the following have occurred:

(a) The permittee has failed to comply with the requirements of an administrative action pursuant to §A, D, or E of this regulation;

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

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

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

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

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

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

(iii) Inspect facilities to insure compliance with the conditions of the permit;

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

(f) Change in conditions exists requiring temporary or permanent modification or elimination of the permitted operation.

(2) The permittee has the right to be heard regarding the revocation of the permit upon a request in writing not later than 10 days after the date on which the revocation notice is served. The Administration shall schedule a hearing within 10 days from receipt of the request and give a decision within 30 days from the date of the hearing.

G. Statutory Remedies. The provisions of the regulation may not be construed to limit or otherwise affect the authority of the Administration to proceed against violators pursuant to Environment Article, §§ 5-513 and 5-514, Annotated Code of Maryland.

Md. Code Regs. 26.17.04.12