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<section article="gen" article_name="Environment" number="15-528" title_number="15" title_name="Mines and Mining" subtitle_number="5" subtitle_name="Strip Mining">
  <level label="a">
    <text>Except as provided in subsection (b) of this section, any person, as defined in this subtitle, who has an interest that is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this subtitle:</text>
    <level label="1">
      <text>Against the Department if there is alleged a failure of the Department to perform any act or duty under this subtitle that is not discretionary; or</text>
    </level>
    <level label="2">
      <text>Against any other person who is alleged to be in violation of any rule, regulation, order, or permit issued under this subtitle.</text>
    </level>
  </level>
  <level label="b">
    <text>An action may not be commenced under subsection (a) of this section:</text>
    <level label="1">
      <text>Prior to 60 days after the plaintiff has given notice in writing of the alleged violation to the Department, the Attorney General, and to any alleged violator; provided that, the action may be brought immediately if the alleged violation constitutes an imminent threat to the health or safety of the plaintiff, or would immediately affect a legal interest of the plaintiff; or</text>
    </level>
    <level label="2">
      <text>If the Department or the State has commenced and is diligently prosecuting a civil action to require compliance under this subtitle, but any person may intervene in the action as a matter of right.</text>
    </level>
  </level>
  <level label="c">
    <text>The Secretary of the United States Department of Interior may intervene as a matter of right in any action brought under this subtitle.</text>
  </level>
  <level label="d">
    <text>This section is intended to be read in conjunction with and to supplement the provisions of Subtitle 5 of Title 1 of the Natural Resources Article (Environmental Standing Act), but in the event of any conflict, the requirements of this section shall prevail.</text>
  </level>
</section>
