Regulation .02 Persistent Failure to Comply.
Regulation .02 Persistent Failure to Comply.LinkCopy Citation
A.
The Director may determine that a permittee has persistently failed to comply with the requirements of the Regulatory Program if, on two or more occasions within a 12-month period, a permittee has failed to meet the requirements of a:
(1)
Notice of violation within the time limit set forth in the NOVO;
(2)
Cessation order within the time limit set forth in the order.
B.
In making a determination under §A of this regulation, the Director may consider mitigating circumstances, including the severity of departure of a violation from the requirements of the Regulatory Program.
C.
The Director shall determine that a permittee has persistently failed to comply with the requirements of the Regulatory Program if, within a 12-month period, a permittee has failed to meet the requirements of a cessation order issued under COMAR 26.20.31.07B within 30 days from the date the cessation order was issued.