Md. Code Regs. 26.21.01.29

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

Section 26.21.01.29 - Violations

A. In addition to other enforcement remedies provided by law, if the Department has reason to believe that an operation is in violation of the Act, these regulations, or the permit, the Department may issue a site complaint, notice of violation, stop work order, or any combination of these notices.

B. Site Complaints and Notices of Violation.

(1) A site complaint or notice of violation shall be in writing, signed by an authorized representative of the Department, and shall contain the following:

(a) Name of the violator;

(b) Factual findings of the Department;

(c) Description of the location of the violation;

(d) Statute, regulation, or permit condition that the Department believes to have been violated;

(e) Description of the remedial measures to be taken and a time limit including a schedule for interim steps;

(f) Notice of the opportunity for a hearing.

(2) The Department, by written notice, may extend any time limit set by a site complaint or notice of violation for a period not to exceed 90 days from the date of issuance of the site complaint or notice of violation, except upon request and showing by the violator that it is not feasible to abate the violation within 90 days due to one or more of the following circumstances:

(a) The violator has timely applied for and diligently pursued necessary approval from the appropriate State, county, and local agencies of designs or plans, but the approval will not be issued within the time required by the Department for reasons not within the control of the permittee;

(b) There is a valid judicial order precluding abatement within 90 days; or

(c) Climatic conditions preclude abatement within 90 days.

(3) The Department will not extend a time limit when the violator's failure to comply within 90 days has been caused by a lack of diligence or intentional delay by the permittee.

C. Stop Work Order.

(1) The Department may issue a stop work order when it determines that an operation is in violation and that the noncompliance:

(a) Involves mining operations being conducted without a permit or license;

(b) Involves mining outside the permit area;

(c) Involves mining in excess of the maximum area of disturbance specified in the permit;

(d) Creates an imminent danger to the health and safety of the public; or

(e) Is causing or can reasonably be expected to cause significant environmental harm.

(2) The Department may issue a stop work order if a violator has failed to meet the time set for abatement or an interim step specified in a notice of violation.

(3) The Department may issue a stop work order for repeated violations of the Act, these regulations, the permit, or the license.

(4) A stop work order shall be in writing, signed by an authorized representative of the Department, and shall contain the following:

(a) Name of the violator;

(b) Factual findings of the Department;

(c) Description of the location of the violation;

(d) Statute, regulation, or permit condition that the Department believes to have been violated;

(e) Description of the remedial measures to be taken and a time limit including a schedule for interim steps;

(f) Notice of the opportunity for a hearing.

(5) Upon issuance of a stop work order, the violator shall immediately cease all mining activities as specified in the order and shall immediately take steps to abate the violation or violations and to comply with the order provided that reclamation that would not deter compliance shall continue during the period of the stop work order.

(6) A stop work order shall remain in effect until the violation has been corrected and until the Department has modified or terminated the stop work order in writing.

(7) The Department by written notice may modify or terminate a stop work order for good cause shown.

(8) The Department may terminate a stop work order in writing when it determines that all violations in the stop work order have been corrected and that the operation is in compliance with the Act, these regulations, and the permit.

(9) Termination of the stop work order does not preclude legal action by the State relating to the present or a subsequent violation.

D. Service of Site Complaints, Notices of Violations, and Stop Work Orders.

(1) The Department first shall attempt to serve the permittee or the violator if the site is unpermitted. The Department may serve any individual at the site who is an employee or agent of the permittee or violator. Service shall be effective upon tender of a notice or order, and is effective whether or not delivery is accepted.

(2) If personal service as set forth in §D(1) of this regulation is not possible, service shall also be effected by mailing a copy of the notice or order by certified mail, return receipt requested, to the address stated on the permit. Service by mail shall be effective upon mailing and is effective whether or not delivery is accepted.

Md. Code Regs. 26.21.01.29