Md. Code Regs. 26.04.11.16

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

Section 26.04.11.16 - Enforcement

A. Suspension or Revocation of Permits.

(1) After written notification and an opportunity to request a hearing by the Department, the Department may suspend, revoke, or modify a Composting Facility Permit or authorization to operate under the general Composting Facility Permit if the Department finds that:

(a) False or inaccurate information was contained in:

(i) The Composting Facility Permit application or NOI to operate under the general Composting Facility Permit;

(ii) The information and forms, including the CFOP, required as part of the Composting Facility Permit application or NOI to operate under the general Composting Facility Permit; or

(iii) Information required to be submitted to the Department under this chapter or the Composting Facility Permit;

(b) As part of a regulated activity by a permittee, there is or has been a violation of:

(i) The Environment Article, Annotated Code of Maryland;

(ii) Applicable requirements of this chapter;

(iii) Any condition of the Composting Facility Permit;

(iv) Any condition of a State or NPDES discharge permit issued under COMAR 26.08.02.09 or COMAR 26.08.04; or

(v) Any condition of an air quality permit issued under COMAR 26.11.02.

(c) Substantial deviation from approved plans, specifications, or requirements, including the CFOP, has occurred, as determined by the Department;

(d) The Department or an authorized representative of the Department has been refused entry to the premises for the purpose of inspecting or sampling to ensure compliance with the terms and conditions of the Composting Facility Permit;

(e) Conditions exist which are causing or may cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department;

(f) The permittee has been negligent or incompetent in operating the composting facility; or

(g) Any other good cause exists for suspending, revoking, or modifying the Composting Facility permit or authorization under the general Composting Facility Permit.

(2) Immediate Suspension or Revocation.

(a) Notwithstanding other provisions of this chapter or the terms and conditions of the Composting Facility Permit, the Department may immediately suspend or revoke a Composting Facility Permit or authorization to operate under the general Composting Facility Permit if the Department determines there is an immediate and substantial threat to the environment, public health, safety, or welfare.

(b) The Department shall deliver written notice of an immediate suspension or revocation of a Composting Facility Permit or authorization to operate under the general Composting Facility Permit to the permittee, which:

(i) Informs the permittee of the emergency suspension or revocation;

(ii) Cites the regulations with which the permittee has failed to comply that are the basis for suspension or revocation;

(iii) Specifies the corrective action to be taken by the permittee and the time period within which the action shall be taken; and

(iv) Notifies the permittee of the right to request a hearing.

(c) The filing of a hearing request does not stay the revocation or suspension.

(3) An opportunity shall be provided for a hearing if the permittee files a written request with the Department within 10 calendar days of receipt of the notice of suspension, revocation, or modification.

(4) A hearing provided for in this regulation shall be conducted by the Department at a designated time and place in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(5) Actions taken in accordance with this regulation do not preclude the Department from taking other administrative, civil, or criminal action for violations of State law, regulations, or terms and conditions of the Composting Facility Permit.

(6) Reinstatement of Suspended Permits or Authorization to Operate Under the General Permit. A person whose Composting Facility Permit or authorization to operate under the general Composting Facility 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 may make a reinspection. If the permittee is complying with the requirements of the permit and these regulations, the Department may reinstate the permit or authorization to operate under the general permit.

B. Inspections.

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

(2) Right of Entry. A composting facility shall allow an agent of the Department, after presenting proper identification and during normal operating hours of the composting facility, to enter the buildings, structures, and premises owned by a person supplying composting 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. 26.04.11.16

Regulation .16 adopted effective 42:12 Md. R. 763, eff.7/1/2015