Md. Code Regs. 26.23.01.05

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

Section 26.23.01.05 - Enforcement

A. Enforcement Authority. The means of enforcement under this regulation may be made available to county governments with delegated authority under Regulation .03 of this chapter. Any hearing and associated processes under this regulation may be conducted by authorized county governments when these enforcement means are used, upon agreement between the Department and the county.

B. Complaints and Orders.

(1) In addition to any other sanction authorized by Environment Article, § 5-911, Annotated Code of Maryland, the Department may serve a written complaint upon an alleged violator if the Department determines that there has been a violation of:

(a) Any provision of Environment Article, 5-901----- 5-911, Annotated Code of Maryland;

(b) A regulation in this subtitle;

(c) A permit or condition of a permit;

(d) An administrative order; or

(e) A condition of an authorization letter.

(2) The complaint shall:

(a) Identify the violator and the location of the violation;

(b) State the provision violated;

(c) State the specific facts upon which the complaint is based; and

(d) Provide an opportunity to request a hearing to contest the complaint.

(3) At any time, including during an enforcement action, the Department may issue an administrative order requiring the violator to take corrective action within a certain time period. The corrective action may include any or all of the following:

(a) Cease the violation;

(b) Stabilize the site;

(c) Stop all construction work at the site of a regulated activity;

(d) Restore or rectify unlawfully impacted nontidal wetlands; or

(e) Submit a written report or plan concerning the violation.

(4) Service.

(a) A complaint, order, or other administrative notice issued by the Department may be served on the violator personally, on the violator's agent at the activity site, or by certified mail to the violator's last known address as shown in the Department's records.

(b) An order issued under this regulation is effective immediately, according to its terms, when it is served.

C. Hearings.

(1) The Department shall give notice and hold any hearing under this subtitle in conformance with the Administrative Procedure Act and COMAR 08.01.04.

(2) Within 10 calendar days of receiving a complaint, order, or notice under this regulation, the violator may request a hearing in writing.

(3) If a person has been served with an order for corrective action, the person may request a stay in conjunction with a request for a hearing.

(4) A request for stay may be heard before or during a hearing on the complaint. At the request of a permittee, a request for stay may be heard within 10 business days of the Department's receipt of the request.

D. Administrative Action with Regard to Permit or Bond. The Department may suspend or revoke a permit, letter of authorization, or forfeit a bond on a mitigation plan upon failure of the violator to comply with the requirements of an administrative order. The administrative procedures for permit or letter authorization suspension, revocation, and bond forfeiture are set forth in COMAR 26.23.02.09 and 26.23.04.04.

E. Statutory Remedies. The provisions of this regulation may not be construed to limit or otherwise affect the authority of the Department to proceed against violators under Environment Article, § 5-911, Annotated Cose of Maryland.

Md. Code Regs. 26.23.01.05

Regulations .05 were recodified from Regulations .01, .08, .22, .23, .and .24, respectively, under COMAR 08.05.04 Nontidal Wetlands, June 1996; amended effective 45:12 Md. R. 617, eff. 6/18/2018