Md. Code Regs. 26.17.03.08

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.17.03.08 - Enforcement

A. Actions by the Department.

(1) When the Department believes that a violation of Environment Article, § 4-413, Annotated Code of Maryland, has occurred, it may cause a written complaint to be served upon the alleged violator in accordance with the provisions of Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland. The complaint shall include a description of the conditions which result in the addition, leaking, spilling, emitting, or other introduction of soil or sediment to the waters of the State.

(2) The Department may issue an order after or concurrent with the complaint.

(3) Orders issued by the Department shall include:

(a) A description of the corrective actions which the person shall perform, including:

(i) Immediate actions necessary to correct the violations listed in the order, and

(ii) Further actions necessary to correct the violations and prevent their recurrence;

(b) The time allowed for the person to perform the actions required in the order;

(c) The requirement to obtain and implement a CAWQP or a modified SCWQP; and

(d) The requirement to provide a district-approved time schedule to obtain an SCWQP.

(4) The Department shall serve all orders as prescribed in Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland.

B. Action Required on Receipt of an Order.

(1) On receipt of an order issued by the Department, a person shall perform the corrective actions specified in the order within the time specified.

(2) On receipt of an order issued by the Department to obtain or implement a CAWQP, a person shall prepare or have prepared a CAWQP that is in accordance with SCS standards and other criteria described in the National Conservation Planning Manual and the Maryland Technical Guide, which are incorporated by reference in Regulation .04 of this chapter, and the requirements of this chapter.

(3) A person shall implement the CAWQP in accordance with the schedule in the CAWQP unless the:

(a) Person notifies the Department, in writing, that due to exceptional circumstances beyond the control of the person, the CAWQP cannot be implemented within the time scheduled in the CAWQP, the exceptional circumstances are verified in writing by the district board, and the Department agrees to extend the time; or

(b) Property described in the order is no longer used for agricultural purposes and is no longer in a condition which adds, leaks, spills, emits, or otherwise introduces soil or sediment to the waters of the State, and the Department determines that the CAWQP need not be implemented.

C. CAWQP Maintenance. A person implementing a district-approved CAWQP shall:

(1) Have available a copy of the CAWQP or, if applicable, the SCWQP; and

(2) Maintain the person's agricultural operation in accordance with the approved or modified CAWQP or SCWQP.

D. Penalties. Enforcement penalties as provided in Environment Article, Title 4, Subtitles 4 and 5, Annotated Code of Maryland, may be imposed if one or more of the following conditions exists:

(1) The action necessary to comply with the Department's order has not begun or has not been completed on or before the date specified in the order;

(2) The owner or operator does not obtain a district-approved CAWQP;

(3) The district-approved CAWQP is not being implemented and maintained according to its terms and conditions; or

(4) A second or subsequent violation occurs and an SCWQP has not been prepared and implemented in accordance with the district-approved schedule.

Md. Code Regs. 26.17.03.08