Md. Code Regs. 26.04.08.25

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

Section 26.04.08.25 - Enforcement Provisions

A. Suspension or Revocation of Authorization.

(1) The Department may suspend, revoke, or modify any authorization if the Department finds that:

(a) The application contained false or inaccurate information;

(b) There has been a substantial deviation from:

(i) The documents accepted by the Department as terms or conditions of authorization, or

(ii) Any requirement established by the Department;

(c) A representative of the Department has been refused entry to any area covered by the authorization for the purpose of inspecting the area to ensure compliance with the conditions of the authorization;

(d) There is or has been a violation of the Environment Article, Annotated Code of Maryland, any regulation adopted under the Environment Article, or any condition of approval or licensure; or

(e) There is any other good cause.

(2) Unless the person served with an order suspending or revoking the authorization makes a timely request for a hearing, the order is a final order.

B. Reinstatement of Suspended Authorization. A person whose authorization has been temporarily suspended may make application at any time for a reinspection for the purpose of reinstatement of the authorization. Once a written request has been made to the Department, including a statement signed by the applicant that the deficiencies which caused suspension of the authorization have been corrected, the Department shall make a reinspection. If the applicant is complying with the requirements of the authorization and these regulations, the authorization shall be reinstated.

C. Inspections.

(1) The Department may inspect each authorized scrap tire facility as often as monthly to enforce these regulations. Additionally, reinspections may be made to ascertain that violations have been corrected.

(2) An agent of the Department, after presenting proper identification, shall be allowed entry to all buildings, structures, and premises used for the storage, collection, or processing of scrap tires, and upon any other property for the purpose of collecting samples, records, or information, and taking photographs to ascertain whether the facility is in compliance with the statutes, regulations, orders, and authorizations of the Department. The facility operator shall provide access to all records and documentation requested by the Department for review and duplication.

Md. Code Regs. 26.04.08.25