<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".15" citation="COMAR 26.19.01.15" title_num="26" subtitle_num="19" chapter_num="01" heading="Violations of Statutory, Regulatory, or Permit Requirements.">
  <paragraph num="A.">
    <text>A person who violates or causes an act which violates a provision of Environment Article, §§14-101—14-120, Annotated Code of Maryland, and this chapter, or who violates or fails to comply with a permit or an order of the Department when due notice is given, is guilty of a misdemeanor, and, upon conviction, the violator is subject to a fine not exceeding $1,000 per day for each day of the offense, not to exceed a total fine of $50,000, with costs imposed at the discretion of the court.</text>
  </paragraph>
  <paragraph num="B.">
    <text>If the Department determines that there has been a violation of a provision of Environment Article, §§14-101—14-120, Annotated Code of Maryland, and this chapter, or a violation or failure to comply with a permit issued under this chapter, the Department may cause a written complaint to be served upon the alleged violator specifying the nature of the violation.</text>
  </paragraph>
  <paragraph num="C.">
    <text>After or concurrent with service of the complaint, the Department may:</text>
    <paragraph num="(1)">
      <text>Issue an administrative order requiring necessary corrective action, including stopwork, or restoration to be taken within the time prescribed and providing the alleged violator with the opportunity to request a hearing before the Department within 10 days after receipt of the order;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Require the alleged violator to file a written report regarding the alleged violation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Require the alleged violator to appear before the Department at a time and place the Department specifies to answer the charge outlined in the complaint.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>An order the Department issues shall be served on the alleged violator personally or by registered mail, return receipt requested.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Upon failure by the alleged violator to comply with the requirements of an administrative order, a permit may be modified or suspended by the Department.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Modification or suspension of a permit shall be effective without stay upon appropriate notice to the alleged violator.</text>
  </paragraph>
  <paragraph num="G.">
    <text>An administrative action or a permit suspension or modification may not be stayed pending a hearing.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Under emergency conditions, such as violation or imminent violation of an applicable State requirement, a permit may be modified or suspended.</text>
  </paragraph>
  <paragraph num="I.">
    <text>The Department may inspect a permitted site at any time in order to determine whether conditions of the permit have been satisfied or whether the permit should be modified, suspended, or revoked.</text>
  </paragraph>
  <paragraph num="J.">
    <text>A permit may be revoked after notice to the permittee, if the Department determines that:</text>
    <paragraph num="(1)">
      <text>The permittee has failed to comply with the requirements of an administrative order;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>False or inaccurate information was contained in the application for the permit;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Conditions or requirements of the permit have been or are about to be violated;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Substantial deviation from plans, specifications, or requirements has occurred;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The permittee has failed to allow an authorized representative of the Department upon presentation of proper credentials to:</text>
      <paragraph num="(a)">
        <text>Enter at any reasonable time upon the permittee's premises where pertinent operations are conducted, or where records are required to be kept under terms and conditions of the permit;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Have access to and copy any records required to be kept under terms and conditions of the permit;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Inspect facilities to ensure compliance with the conditions of the permit;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Inspect any monitoring equipment or method required in the permit; or</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>A change in conditions exists that requires temporary or permanent modification or elimination of the permitted operation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>The permittee has 10 calendar days to request a hearing, in writing, on the permit revocation to determine if the permit shall be reinstated.</text>
  </paragraph>
  <paragraph num="L.">
    <text>The provisions of this regulation may not be construed to limit or otherwise affect the authority of the Department to proceed against violators under State law.</text>
  </paragraph>
</regulation>