To the maximum extent possible, the Department shall use the facilities and services of appropriate agencies of political subdivisions to enforce the standards set under this title.
(a) The Department may issue a show–cause order or a corrective order under this section if the Department has reasonable grounds to believe that the person to whom the order is directed has violated: (1) This title; (2) Any rule or regulation adopted under this title; (3) Any plan for compliance issued under this title; or (4) Any permit or […]
(a) A show–cause order issued under this subtitle shall: (1) Specify the provision that allegedly has been violated; (2) Describe the nature and extent of the alleged violation; (3) Require the person charged to appear at a hearing and show cause why an order requiring corrective action should not be issued; and (4) State the date, time, and place of […]
(a) A corrective order issued under this subtitle shall: (1) Specify the provision that allegedly has been violated; (2) Describe the nature and extent of the alleged violation; (3) Require corrective action within a time specified in the order; and (4) State that the person charged will receive a hearing if the person requests the hearing within 10 days after […]
(a) The Department shall give notice of and hold any hearing held under § 2-603 or § 2-604 of this subtitle in accordance with the Administrative Procedure Act and the requirements of this section. (b) Before the hearing, the person charged, on request, shall be given an opportunity to examine all information and reports that relate to […]
On the basis of the evidence produced at a hearing, the Secretary or the designated hearing officer may issue a corrective or other final order: (1) Granting an exception from a rule or regulation adopted under this title on such conditions as the Secretary may determine; or (2) Directing the person charged to comply, within a specified […]
(a) (1) Any person aggrieved by a final decision of the Secretary or the designated hearing officer in connection with a show–cause order, a corrective order, or any other final order issued under this subtitle may take a direct judicial appeal. (2) The appeal shall be made as provided for judicial review of final decisions in the Administrative […]
(a) Within 1 year after the Department issues a show–cause order or a corrective order, the Department shall take final action and attempt to secure compliance with any final order. If the Department has not secured compliance within this period, the Department shall take immediate steps to seek enforcement under § 2–609 of this subtitle. (b) Nothing […]
(a) The Department may bring: (1) An action to enjoin any conduct that violates any provision of this title or any rule, regulation, or order adopted or issued under this title; or (2) A civil action to collect a civil penalty under § 2-610 of this subtitle. (b) The right to bring an action under subsection (a) of this […]
(a) In this section, “approval” means approval for prevention of significant deterioration or approval of new sources in nonattainment areas. (b) (1) (i) A person may not knowingly act or fail to act in violation of a condition or requirement imposed on the person by a permit or approval issued under this title. (ii) A person may not knowingly fail […]
(a) A person who violates any provision of this title or any rule, regulation, or order adopted or issued under this title is liable for a civil penalty not exceeding $25,000, to be collected in a civil action in the circuit court for any county. Each day a violation continues is a separate violation under this […]
(a) In addition to any other remedies available at law or in equity and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the Department may impose a penalty for violation of any provision of this title, Subtitle 4 of Title 6 of this article, or […]
(a) A person is not subject to action for a violation of this title or any rule or regulation adopted under this title so long as the person acts in accordance with a plan for compliance that: (1) The person has submitted to the Secretary; and (2) The Secretary has approved, with or without amendments, on the recommendation […]
(a) The Secretary may adopt rules and regulations that: (1) Are patterned after § 120 of the federal Clean Air Act and the federal regulations adopted under § 120 of the federal Clean Air Act; and (2) Specify: (i) The circumstances under which a person who violates this title is subject to a noncompliance penalty equal to the economic […]
A condition that is caused by an act of God, a strike, a riot, a catastrophe, or a cause over which an alleged violator has no control is not a violation of this title or any standard set or rule or regulation adopted under this title.
The Attorney General shall take charge of, prosecute, and defend on behalf of this State every case arising under the provisions of this subtitle, including the recovery of penalties.
