(a) At any reasonable time, a representative of the Department or a representative of the health department of the political jurisdiction where the hazardous substance facility is located may enter any hazardous substance facility: (1) To inspect the hazardous substance facility; (2) To obtain water, waste, soil, or air samples; (3) To drill test wells; and (4) To measure the […]
(a) An authorized official or employee of the Department may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any factory, warehouse, vehicle, building, establishment, or other premises to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle […]
(a) In accordance with the Administrative Procedure Act and after notice and hearing, the Department may suspend or revoke any facility permit, hauler certificate, or vehicle certificate for violation of any federal or State law, rule, or regulation that relates to controlled hazardous substances. (b) The Department may revoke any facility permit issued under this subtitle if […]
(a) The Department shall 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 order, permit, or certificate issued by the Department under this subtitle. (b) A complaint issued under this section […]
(a) After or concurrently with service of a complaint under this subtitle, the Department may: (1) Issue an order that requires the person to whom it is directed to take corrective action within a time set in the order; (2) Send a written notice that requires the person to whom it is directed to file a written report […]
(a) Any complaint, corrective order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed: (1) In accordance with § 1–204 of this article; or (2) By publication. (b) If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal […]
(a) (1) The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act. (2) Any hearing related to a complaint shall be held in the manner provided in the Administrative Procedure Act for hearings in contested cases. (b) (1) Within 10 days after being served with an order under § 7-259(a)(1) of […]
(a) (1) Unless the person served with an order under § 7-259(a)(1) of this subtitle makes a timely request for a hearing, the order is a final order. (2) If the person served with an order under § 7-259(a)(1) of this subtitle makes a timely request for a hearing, the order becomes a final corrective order when the […]
(a) The Department may bring an action for an injunction against any person who violates any provision of this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued by the Department under this subtitle. (b) In any action for an injunction under this section, any finding of the Department after a hearing […]
(a) Any person aggrieved by a final decision of the Department in connection with an order, hauler certificate, vehicle certificate, or facility permit issued under this subtitle may take a direct judicial appeal. (b) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act. However, an order of the […]
(a) A person who commits any of the following offenses is guilty of a felony and on conviction is subject to a fine not exceeding $100,000 or imprisonment not exceeding 5 years, or both: (1) Storing, treating, dumping, discharging, abandoning, or otherwise disposing of a controlled hazardous substance in any place other than a controlled hazardous substance […]
(a) In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle or of any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle is liable to a civil penalty not exceeding $25,000, to be collected in a civil […]
(a) In addition to being subject to penalties under §§ 7-266 and 7-267 of this subtitle and cost recovery under § 7-221 of this subtitle, a responsible person who fails without sufficient cause to comply with a final order issued under this subtitle is subject to punitive damages, not exceeding three times the amount of any […]
(a) (1) Except as provided in § 7-265 of this subtitle, a person who violates any provision of or fails to perform any duty imposed by this subtitle, or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under […]
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.
