Md. Code Regs. 26.04.07.27

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

Section 26.04.07.27 - Enforcement Provisions

A. Suspension or Revocation of Permits.

(1) Permits may be revoked or temporarily suspended by the Approving Authority for failure of the holder to comply with:

(a) The requirements of these regulations;

(b) The requirements of the permit; or

(c) A corrective order issued by the Approving Authority.

(2) After written notification of the violation by the Approving Authority which provides the permittee an opportunity for a hearing, and if no immediate or substantial hazard to the public health or the environment exists, the permit may be suspended if the permit holder has failed to correct any violation of these regulations or the requirements of the permit.

(3) Unless the person served with an order suspending or revoking the permit makes a timely request for a hearing under §C of this regulation, the order is a final order.

(4) Within 10 days after being served with an order suspending or revoking the permit, the person served may request in writing a hearing before the Department.

(5) Whenever the Approving Authority finds conditions which, in the Approving Authority's judgment, constitute an immediate and substantial hazard to the public health or the environment, the Approving Authority may issue without warning, prior notification, or hearing, a written notice to the permit holder citing those conditions, specifying the remedial and corrective actions to be taken, and specifying the time period within which the action shall be taken. If necessary, the order shall state that the permit is immediately discontinued. Upon written petition to the Approving Authority within 10 days of notification, the permit holder shall be afforded a prompt hearing.

B. Reinstatement of Suspended Permits. A person whose permit has been temporarily suspended may make application at any time for a reinspection for the purpose of reinstatement of the permit. Within 10 days following receipt of a written request, including a statement signed by the applicant that the deficiencies which caused suspension of the permit have been corrected, the Approving Authority shall make a reinspection. If the applicant is complying with the requirements of these regulations, the permit shall be reinstated. In this case, a public hearing is not required.

C. Hearings. The Department shall give notice and hold hearings for violations of these regulations, permits, or corrective orders in accordance with the Administrative Procedure Act.

D. Inspections.

(1) General. The Approving Authority shall inspect each solid waste acceptance facility permitted under these regulations, and shall make as many additional inspections and reinspections as are necessary for the enforcement of these regulations.

(2) Right of Entry. An agent of the Approving Authority, after presenting proper identification, shall be allowed entry to all buildings, structures, and premises owned by a person supplying refuse disposal service, and upon private property for the purpose of collecting samples, records, information, and taking photographs to ascertain whether the regulations, orders, and permits of the Secretary of the Environment are obeyed.

Md. Code Regs. 26.04.07.27

Regulations .27, Solid Waste Management, adopted effective March 7, 1988 (15:5 Md. R. 618)