<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 26.17.03.08" title_num="26" subtitle_num="17" chapter_num="03" heading="Enforcement.">
  <paragraph num="A.">
    <text>Actions by the Department.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department may issue an order after or concurrent with the complaint.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Orders issued by the Department shall include:</text>
      <paragraph num="(a)">
        <text>A description of the corrective actions which the person shall perform, including:</text>
        <paragraph num="(i)">
          <text>Immediate actions necessary to correct the violations listed in the order, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Further actions necessary to correct the violations and prevent their recurrence;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The time allowed for the person to perform the actions required in the order;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The requirement to obtain and implement a CAWQP or a modified SCWQP; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The requirement to provide a district-approved time schedule to obtain an SCWQP.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The Department shall serve all orders as prescribed in Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Action Required on Receipt of an Order.</text>
    <paragraph num="(1)">
      <text>On receipt of an order issued by the Department, a person shall perform the corrective actions specified in the order within the time specified.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A person shall implement the CAWQP in accordance with the schedule in the CAWQP unless the:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>CAWQP Maintenance. A person implementing a district-approved CAWQP shall:</text>
    <paragraph num="(1)">
      <text>Have available a copy of the CAWQP or, if applicable, the SCWQP; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Maintain the person's agricultural operation in accordance with the approved or modified CAWQP or SCWQP.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The owner or operator does not obtain a district-approved CAWQP;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The district-approved CAWQP is not being implemented and maintained according to its terms and conditions; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A second or subsequent violation occurs and an SCWQP has not been prepared and implemented in accordance with the district-approved schedule.</text>
    </paragraph>
  </paragraph>
</regulation>