Md. Code Regs. 26.08.04.10-1

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

Section 26.08.04.10-1 - Permit Suspension and Revocation

A. Action on Permit Violation.

(1) Under conditions other than emergency, if the Department determines that there has been a violation of any term or condition of a permit, the Department shall serve a written complaint upon the permittee specifying the nature of the violation. Subsequent to, or concurrent with, service of the complaint, the Department may exercise one of the following options, under the provisions of Environment Article, § 9-335, Annotated Code of Maryland:

(a) Issue an order requiring necessary corrective action to be taken within the time prescribed in its order. A person named in the order may request in writing a hearing before the Department 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.

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

(c) 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) Require the alleged violator to file a written report regarding the alleged violation and appear before the Department at a time and place the Department specifies to answer the charges outlined in the complaint.

(2) Every order the Department issues under this regulation shall be served on the person affected according to Environment Article, § 9-336, Annotated Code of Maryland. The order shall become effective immediately according to the order's terms upon service.

(3) If the Department exercises the option provided by §A(1)(b) of this regulation, the alleged violator may request in writing a hearing before the Department not later than 10 days after the date that notice of the requirement of the written report is served.

(4) The appearance of the alleged violator before the Department under the options provided by §A(1)(c) or (d) 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, Title 10, and Environment Article, Title 1, Annotated Code of Maryland.

(5) If the Department exercises any of the options provided by §A(1)(a), (c), or (d) of this regulation, the Department shall notify the permittee of the consequences of not attending the hearing or, in the case of option §A(1)(b), not filing the written report.

(6) If the Department exercises the option provided by §A(1)(b), (c), or (d) 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 sections. After that, the Department may issue an order requiring necessary corrective action be taken within the time prescribed in the order. A person is not entitled to a hearing before the Department as a result of this order.

(7) Notice of a hearing or of a requirement that a written report be filed shall be served on the alleged violator under Environment Article, 9-335 ----- 9-337, Annotated Code of Maryland, not less than 10 days before the time set for the hearing or filing of a report.

(8) Requests for hearings shall be processed and the hearings conducted according to State Government Article, Title 10, and Environment Article, Title 1, Annotated Code of Maryland, and the requirements of this chapter.

B. Administrative Action With Regard to Permit. If the permittee fails to comply with the requirements of an administrative order under §A(1) of this regulation, 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 for a hearing by the permittee in accordance with the procedure specified in §A(3) of this regulation, a hearing shall be held, but the administrative action may not be stayed pending the hearing.

C. Emergency Action.

(1) The Department may summarily modify or suspend a permit when the Department finds that the protection of public health, safety, or welfare requires immediate emergency action.

(2) The emergency modification or suspension of a permit shall be effective without stay upon receipt by the permittee of appropriate notice.

(3) The Department shall notify the permittee in writing that the permit has been modified or suspended for emergency reasons. The notice shall include:

(a) The finding of necessity for suspension or modification;

(b) The reasons that support the findings;

(c) A statement that the permittee has the right to a hearing concerning the Department's action;

(d) A statement that the permittee has 10 days to request a hearing;

(e) The procedure for requesting a contested case hearing;

(f) The consequences of not requesting or not attending a hearing; and

(g) A statement that the permit suspension or modification is effective without stay upon receipt by the permittee.

D. Permit Revocation.

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

(a) The permittee has failed to comply with the requirements of an administrative action according to §A, B, or C 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 permit an authorized representative of the Department upon presentation of proper credentials to:

(i) Enter at any reasonable time upon permittee's premise where a point source 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 ensure compliance with the conditions of the permit;

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

(v) Sample any discharge or pollutants;

(f) Change in conditions exists requiring temporary or permanent reduction or elimination of the permitted operation or discharge;

(g) Any State or federal water quality stream standard or effluent standard has been or is threatened to be violated; or

(h) Any other good cause exists for revoking the discharge permit.

(2) The permittee has the right to a hearing concerning 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 Department shall schedule a hearing within 10 days from receipt of the request and give a decision within 10 days from the date of the hearing.

E. The hearings in B, C, and D of this regulation shall be conducted according to State Government Article, Title 10, and Environment Article, Title 1, Annotated Code of Maryland.

Md. Code Regs. 26.08.04.10-1