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<regulation prefix="Regulation" num=".09" citation="COMAR 15.20.01.09" title_num="15" subtitle_num="20" chapter_num="01" heading="Inspection and Enforcement.">
  <paragraph num="A.">
    <text>Channel Inspection by the Association.</text>
    <paragraph num="(1)">
      <text>The association managers or designee shall inspect the project within 2 weeks following any storm which results in water flow exceeding channel capacity.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An association shall send a written inspection report to the Secretary not later than 90 days following the storm event. The report shall:</text>
      <paragraph num="(a)">
        <text>Detail the damage to the channels, vegetation, and water control structures; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Describe needed repairs and corrective maintenance and the projected time when the work shall be accomplished.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The association managers or designee shall inspect the project at least once every 2 years. The following apply:</text>
      <paragraph num="(a)">
        <text>An association shall send a written inspection report to the Secretary by March 1st of the appropriate year. The report shall:</text>
        <paragraph num="(i)">
          <text>Outline the last inspection of the project performed not more than 6 months before submission;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Detail the condition of the channel, vegetation, and structures;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Describe needed maintenance and the projected time when the work shall be completed; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Describe the work completed in the previous 2 years.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>An association need not file the biennial written inspection report required in §A(3) if:</text>
        <paragraph num="(i)">
          <text>Storm damage occurred during the 6 months before March 1st of the appropriate year; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>An inspection report required in §A(1) was submitted.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>An association shall keep records on work performed on a project. These records shall:</text>
      <paragraph num="(a)">
        <text>Include the items of work, cost, and the date the work was completed; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Be made available upon request to the Secretary.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>State Inspection.</text>
    <paragraph num="(1)">
      <text>The Secretary shall coordinate on-site inspections of a project by the Departments of Agriculture, the Environment, and Natural Resources.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An association shall grant each Department the right of entry to inspect a project to ensure that it complies with an approved construction or reconstruction plan or an approved operation and maintenance plan for the project.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Enforcement.</text>
    <paragraph num="(1)">
      <text>The Secretaries of Agriculture, the Environment, or Natural Resources may pursue any sanction or remedy provided in Agriculture Article, §8-603, Annotated Code of Maryland. Before pursuing any sanction or remedy, however, the Secretaries of the Environment and Natural Resources shall:</text>
      <paragraph num="(a)">
        <text>Consult with the Secretary of Agriculture; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provide the Secretary of Agriculture a reasonable period of time to solve any problem.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Secretary of a Department may issue a written order for corrective measures to any person who violates this chapter, or who fails to follow any requirement of an approved project plan.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A person ordered to comply with this chapter may request a hearing. The following apply:</text>
      <paragraph num="(a)">
        <text>The hearing request shall be made in writing to the Secretary who issued the order;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The hearing request shall be made not later than 10 days after the date the order is served;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>When different Departments have initiated administrative proceedings arising from the same or related activities, any person subject to more than one order may request a consolidated hearing;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The hearing shall be scheduled within 30 working days from the receipt of the request;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A decision shall be rendered within 30 working days from the hearing date;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, governs the practice and procedure in all hearings and appeals.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Whether an order for corrective measures has been issued or contested, the Secretary of a Department may, at any time, refer an alleged violation of this chapter or of any approved plan requirement directly to the Attorney General for appropriate legal action.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>In addition to any other sanction under Agriculture Article, §8-603, Annotated Code of Maryland, any person who constructs, reconstructs, operates, or maintains an agricultural drainage project without approved plans or in violation of approved plan requirements, shall be liable to the State in a civil action for damages in an amount equal to double the costs of that portion of constructing, reconstructing, operating, or maintaining the project that was not done in accordance with the requirements of this chapter.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A civil action under Agriculture Article, §8-603, Annotated Code of Maryland, shall be prosecuted by the Attorney General on behalf of the appropriate Department. Damages recovered shall be deposited in a special fund to be used solely for:</text>
      <paragraph num="(a)">
        <text>First, correcting the deficiencies in the agricultural drainage project in question; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Second, supporting the Secretary of Agriculture's program for review and approval of the agricultural drainage projects.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>The Secretary of any Department may seek an injunction against any person who does not have or fails to follow an approved plan.</text>
    </paragraph>
  </paragraph>
</regulation>