Section 4-115 – Judicial Review
(a) Any person aggrieved by a final decision of the Department in connection with an order or permit issued under this subtitle may take a direct judicial appeal. (b) The appeal shall be made as provided for judicial review of decisions in the Administrative Procedure Act.
Section 4-116 – Violations and Penalties; Injunctive Relief; Civil Liability; Enforcement
(a) (1) Any person who violates any provision of this subtitle is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 or imprisonment not exceeding one year or both for each violation with costs imposed in the discretion of the court. (2) The court may order […]
Section 4-107 – Department to Assist Soil Conservation Districts
The Department of the Environment shall assist soil conservation districts in preparing and implementing a unified sediment control program under this subtitle.
Section 4-108 – Municipalities Not Within Soil Conservation District
For the purposes of this subtitle, the bureau of public works or a similar municipal unit shall act in place of the appropriate soil conservation district in any municipality not within a soil conservation district.
Section 4-109 – Complaints; Orders; Notices
(a) The Department may issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated: (1) This subtitle; (2) Any rule or regulation adopted under this subtitle; or (3) Any sediment control plan approved under this subtitle. (b) After or concurrently with service of a complaint under this […]
Section 4-110 – Stop Work Orders
(a) If the Department finds that earth moving activity requiring the approval of the appropriate approval authority is being carried on in violation of § 4-105 of this subtitle either because it is being undertaken: (1) Without any such approval; or (2) Not substantially in accordance with the approved plan or any written recommendations of the approval authority […]
Section 4-111 – Service of Complaints, Orders, Notices, Etc
(a) Any complaint, order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed in accordance with § 1–204 of this article. (b) If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who […]
Section 4-112 – Hearings
(a) The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act. (b) (1) Any request for a hearing on an order issued under § 4–109(b)(1) of this subtitle or a stop work order under § 4–110(a) of this subtitle or a notice issued under § 4–109(b)(2) of this subtitle […]
Section 4-113 – Final Corrective Orders
(a) (1) Unless the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with § 4-112(b) of this subtitle, the order is a final order. (2) If the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with […]
Section 4-114 – Prerequisites to Department’s Exercise of Authority
(a) Except as provided in subsection (b) of this section, before the Department exercises its authority under § 4-109 or § 4-110 of this subtitle, the Department shall: (1) Notify the delegated county or municipality of the violation and the Department’s intended action; and (2) Provide reasonable opportunity for a joint inspection with a representative of the delegated […]