§ 8012. Request for hearing
§ 8012. Request for hearing (a) A respondent or the Attorney General may request a hearing on an order issued by the Secretary. Notice of a request for hearing shall be filed with the Environmental Division and the Secretary. Upon receipt of the notice, the Secretary shall forward a copy of the order to the […]
§ 8013. Conduct of hearings; appeal; stay
§ 8013. Conduct of hearings; appeal; stay (a) The agency issuing the order shall have the burden of proof by a preponderance of the evidence. (b) Parties may be represented by counsel in hearings before the Environmental Division. The Agency of Natural Resources or the Board each may represent itself. A party may conduct cross-examination […]
§ 8005. Investigations; inspections; affidavit of compliance
§ 8005. Investigations; inspections; affidavit of compliance (a) Inspections and investigations. (1) An investigator may perform routine inspections to determine compliance. (2) An investigator may investigate upon receipt or discovery of information that an activity is being or has been conducted that may constitute or cause a violation. (3) An investigator, upon presentation of credentials, […]
§ 8006. Warning; notice of alleged violation
§ 8006. Warning; notice of alleged violation (a) When the Secretary determines that a violation will or is likely to occur, the Secretary may issue a written warning that shall be served on the respondent in person or by certified mail, return receipt requested. The warning shall include a brief description of the prospective violation; […]
§ 8007. Assurances of discontinuance
§ 8007. Assurances of discontinuance (a) As an alternative to administrative or judicial proceedings, the Secretary, or the Natural Resources Board, may accept from a respondent an assurance of discontinuance of a violation. An assurance of discontinuance shall include: (1) a statement of the facts that provide the basis for claiming the violation exists and […]
§ 8008. Administrative orders
§ 8008. Administrative orders (a) The Secretary may issue an administrative order when the Secretary determines that a violation exists. When the Board determines that a violation of chapter 151 of this title exists, the Board may issue an administrative order with respect to the violation. An administrative order shall be served as provided for […]
§ 8008a. Landfill closure extension orders
§ 8008a. Landfill closure extension orders (a)(1) The Secretary may issue a landfill closure extension order when the Secretary finds that the landfill meets the criteria of section 6605e of this title. That order shall be served upon the landfill owner and operator in person or by certified mail, return receipt requested. A copy of […]
§ 8009. Emergency administrative orders; request for hearing
§ 8009. Emergency administrative orders; request for hearing (a) Grounds for issuance. The Secretary, or the Board with respect to matters relating to land use permits under chapter 151 of this title only, may issue an order under section 8008 of this title as an emergency administrative order when: (1) a violation presents an immediate […]
§ 8001. Legislative findings
§ 8001. Legislative findings The General Assembly finds it necessary to standardize and enhance the enforcement powers of the Secretary of Natural Resources and the enforcement powers of the Natural Resources Board in order to: (1) enhance the protection of environmental and human health afforded by existing laws; (2) prevent the unfair economic advantage obtained […]
§ 8002. Definitions
§ 8002. Definitions As used in this chapter: (1) “Board” means the Natural Resources Board defined by subdivision 6001(1) of this title. (2) “Compliance” means compliance with the statutes specified in section 8003 of this title and with any related rules, permits, assurances, or orders. (3) “Investigator” means an investigator designated and duly authorized by […]