Md. Code Regs. 26.04.06.75

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.04.06.75 - Delegation of Inspection, Monitoring, or Enforcement

A. A local health official or the local health official's designee may seek delegation authority from the Department to inspect, monitor, or enforce the provisions of Sewage Sludge Utilization Permits issued for sewage sludge utilization activities in that local jurisdiction.

B. The Department may delegate the inspection, monitoring, or enforcement authority to a local health official if the Department determines that the local health department is capable of conducting the inspection, monitoring, or enforcement of the provisions of Sewage Sludge Utilization Permits issued for sewage sludge utilization activities in that local jurisdiction.

C. The local health official seeking new, modified, or renewed delegation authority from the Department for the inspection, monitoring, or enforcement of the provisions of Sewage Sludge Utilization Permits issued for sewage sludge utilization activities in that local jurisdiction, shall submit to the Department a written request for the delegation authority on or before January 1 immediately preceding the State fiscal year for which new or renewal delegation is sought.

D. The written request shall include a statement from the elected executive of the county or municipal corporation that is seeking delegation approving the request for the delegation authority.

E. The Department shall, in writing, grant or deny the delegation authority on or before May 1of the State fiscal year that immediately precedes the State fiscal year for which new or renewal delegation authority is sought.

F. The Department may not deny a requested delegation authority unless opportunity has been afforded to the appropriate local health official of the affected local jurisdiction to present arguments before the Department as to why delegation is appropriate.

G. If the Department determines that a local health official's written request for delegation authority to inspect, monitor, or enforce the provisions of Sewage Sludge Utilization Permits issued for sewage sludge utilization activities in that local jurisdiction meets the applicable requirements of this regulation, the Department shall enter into a written delegation agreement with the local health official.

H. The Department shall establish the terms and conditions of the delegation agreement to comply with the requirements of this regulation.

I. The delegation agreement shall include terms and conditions to ensure oversight by the Department including evaluations and financial audits.

J. The Department may issue a delegation agreement for a term not to exceed 5 years.

K. Delegation shall be effective July 1 of the initial State fiscal year for which new or renewal delegation authority is sought, and shall end on June 30 of the year the delegation agreement expires.

L. The Department may provide the local health department with grants for the reasonable reimbursement of costs the local health department has incurred as provided in the delegation agreement in accordance with Environment Article, § 9-320, Annotated Code of Maryland.

M. If the Department determines that a delegated local health department is not capable of conducting the inspection, monitoring, or enforcement of the provisions of the terms and conditions of the delegation agreement between the Department and the local health official, the Department may suspend or revoke the delegation authority after opportunity is afforded for the appropriate local health official of the affected local jurisdiction to present arguments before the Department.

Md. Code Regs. 26.04.06.75

Regulations .75 adopted effective 41:10 Md. R. 562, eff.5/26/2014