Chapter 04. Hazardous Material Security
Regulation .01 Purpose.LinkCopy Citation
This chapter establishes the procedures to enforce compliance by a facility with the Hazardous Material Security Act, Environment Article, Title 7, Subtitle 7, Annotated Code of Maryland, and COMAR 26.27.01.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administrative law judge” has the meaning stated under COMAR 28.02.01.02B(1).
(2)
“Civil penalty” means a statutorily authorized monetary penalty imposed for a violation of a statute or regulation.
(3)
“Department” means the Department of State Police.
(4)
Facility.
(a)
“Facility” means a location in the State in which a hazardous material is stored, dispensed, used, or handled.
(b)
“Facility” does not include:
(i)
A railroad, rail train, or rail car regulated under 49 U.S.C. Subtitle IV, Part A; or
(ii)
A retail distributor whose principal business is to sell or offer for sale, at the retail level, commercial fertilizer intended for agricultural use.
(5)
“Hearing” means a contested case hearing, as defined by the Administrative Procedure Act, State Government Article, §§10-201—10-227, Annotated Code of Maryland.
(6)
“Person” means a person who owns, operates, maintains, or causes to operate or maintain a facility in this State.
(7)
“Referring Agency” means the Department of the Environment.
(8)
“Secretary” means the Secretary of the Department of State Police.
(9)
“State” means the State of Maryland.
Regulation .03 Written Referral for Enforcement.LinkCopy Citation
A.
If the Referring Agency, through an audit, inspection, or investigation, determines that a facility is not in compliance with the Hazardous Material Security Act, Environment Article, Title 7, Subtitle 7, Annotated Code of Maryland, or COMAR 26.27.01, the Referring Agency shall refer each violation to the Department for enforcement.
B.
The Referring Agency’s written referral shall:
(1)
Include the name, address, and telephone number of the authorized representative from the Referring Agency;
(2)
Be signed by an authorized representative of the Referring Agency and dated;
(3)
Contain the following identification on the facility:
(a)
Full name and address; and
(b)
Name of owner or operator, or both; and
(4)
Advise the Department of the following:
(a)
Specific violations;
(b)
Brief statement of facts; and
(c)
Statement of the law upon which a violation is based.
Regulation .04 Notice of Violation.LinkCopy Citation
A.
Upon receipt of the Referring Agency’s written referral, the Secretary shall give notice of the violation and civil penalty assessed against a facility to a person by any method allowed for service of a summons under the Maryland Rules.
B.
The notice of violation shall contain:
(1)
Factual description of each violation;
(2)
Civil penalty imposed;
(3)
Statement of law or regulation on which each violation is based; and
(4)
Appeal procedures.
C.
Records deemed confidential by law shall be handled as confidential.
Regulation .05 Enforcement and Penalty.LinkCopy Citation
A.
In addition to any other remedies available by law or in equity, the Department may impose a civil penalty against a person who violates the Hazardous Material Security Act, Title 7, Subtitle 7 of the Annotated Code of Maryland, or COMAR 26.27.01.
B.
The civil penalty may not exceed $1,000 per violation.
C.
Each day a violation occurs is a separate offense.
D.
A civil penalty imposed is payable to the Maryland Community Right-to-Know Fund under COMAR 26.26.01 and collected in a manner provided at law for the collection of debts.
E.
The Department may refer debts to the Central Collection Unit of the Department of Budget and Management in accordance with State Finance and Procurement Article, Title 3, Subtitle 3, Annotated Code of Maryland.
F.
If a person who is liable to pay a penalty fails to pay after a demand for penalty is made by the Department, the amount, together with any interest and any costs that may accrue, shall be:
(1)
A lien in favor of the State on a property, real or personal, of the person; and
(2)
Recorded in the office of the clerk of court for the county where the property is located.
Regulation .06 Appeal Process and Hearing.LinkCopy Citation
A.
After receiving written notice from the Department of the violation and penalty assessed against the facility, a person may submit a written appeal to the Secretary within 30 calendar days from receipt of the written notice of violation.
B.
If a person fails to submit a written appeal to the Department within 30 calendar days of receipt of the written notice of violation, the person is deemed to have waived all rights to an appeal and the proposed action and assessed civil penalty shall both become final.
C.
If the person timely submits a written appeal to the Secretary, the Secretary will transfer the written appeal to the Office of Administrative Hearings for a hearing in accordance with the Department’s administrative hearing regulations under COMAR 29.01.01.01.
D.
A hearing before an Administrative Law Judge of the Office of Administrative Hearings shall be conducted in accordance with the following:
(1)
Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland;
(2)
The Department’s administrative hearing regulations under COMAR 29.01.01.01;
(3)
The Rules of Procedure of the Office of Administrative Hearings under COMAR 28.02.01; and
(4)
This chapter.
Chapter annotations
Authority: Environment Article, §§7-701—7-709, Annotated Code of Maryland
History: Effective date: March 3, 2014 (41:4 Md. R. 306)