Md. Code Regs. 26.04.09.10

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

Section 26.04.09.10 - Enforcement Provision

A. Suspension or Revocation of Permits.

(1) The Department may issue an order or revoke or temporarily suspend an individual permit or authorization to operate under the general permit for failure of the holder or responsible party to comply with:

(a) The requirements of these regulations;

(b) The requirements of the permit;

(c) A corrective order issued by the Department; or

(d) The requirements of other applicable State laws and regulations.

(2) After written notification of a violation by the Department 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 Department may suspend or revoke an individual permit or authorization to operate under the general permit if the permit holder or responsible party has failed to correct any violation of applicable law, this chapter, or the requirements of the permit.

(3) Whenever the Department finds conditions which, in the Department's judgment, constitute an immediate and substantial hazard to the public health or the environment, the Department may issue a written notice to the permit holder or responsible party without warning, prior notification, or hearing. This notice shall:

(a) Cite those conditions;

(b) Specify the remedial and corrective actions to be taken;

(c) Specify the time period within which the action shall be taken; and

(d) If necessary, state that the permit or authorization to operate under the general permit is immediately discontinued.

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

(5) Unless the person who has been served with an order suspending or revoking a permit or authorization to operate under the general permit makes a timely request for a hearing under §A(4) of this regulation, the order is a final order.

B. Reinstatement of Suspended Permits or Authorization to Operate Under the General Permit. A person whose permit or authorization to operate under the general permit has been temporarily suspended may make application at any time for a reinspection for the purpose of reinstatement of the permit or authorization to operate under the general permit. Following receipt of a written request, including a statement signed by the permittee that the deficiencies which caused suspension have been corrected, the Department shall make a reinspection. If the permittee is complying with the requirements of the permit and these regulations, the Department shall reinstate the permit or authorization to operate under the general permit.

C. Inspections.

(1) General. The Department shall inspect the natural wood waste recycling facilities permitted under this chapter, and shall make as many additional inspections and reinspections as are necessary for the enforcement of these regulations.

(2) Right of Entry. A natural wood waste recycling facility shall allow an agent of the Department, after presenting proper identification, to enter the buildings, structures, and premises owned by a person supplying natural wood waste recycling services, and to enter private property for the purpose of collecting samples, records, and information, and taking photographs to ascertain whether the regulations, orders, and permits of the Secretary of the Environment are being obeyed.

Md. Code Regs. 26.04.09.10