Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.04 - Construction on Nontidal Waters and Floodplains › Section 26.17.04.12 - Violations of Statutory, Regulatory, or Permit Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Action on
				  Violation. If the Administration determines that there has been a violation of
				  any provision of Environment Article, §§
										5-501 -5-514, Annotated
				  Code of Maryland, of any regulation, or of any permit, it shall cause a written
				  complaint to be served upon the alleged violator. The complaint shall specify
				  the nature of the violation. After, or concurrent with, service of the
				  complaint, the Administration may exercise one of the following options:
(1) Issue an administrative order requiring
				  necessary corrective action to be taken within the time prescribed in its
				  order. Any person named in the order may request in writing a hearing before
				  the Administration not later than 10 days after the date the order is served,
				  in which case a hearing shall be scheduled within 10 days from receipt of the
				  request. A decision shall be rendered within 10 days from the date of the
				  hearing.
(2) Require the alleged
				  violator to file a written report regarding the alleged violation.
(3) Require the alleged violator to appear
				  before the Administration at a time and place the Administration specifies to
				  answer the charge outlined in the complaint.
(4) Require the alleged violator to file a
				  written report regarding the alleged violation and appear before the
				  Administration at a time and place the Administration specifies to answer the
				  charges outlined in the complaint. If the Administration exercises the option
				  provided by §A(2) of this regulation, the alleged violator may request in
				  writing a hearing before the Administration not later than 10 days after the
				  date that notice of the requirement of the written report is served. The
				  following apply:
(a) The appearance of the
				  alleged violator before the Administration under the options provided by §A(3)
				  or (4) of this regulation constitutes an administrative hearing and the party
				  has the right of any party in a contested case provided in State Government
				  Article, §§
												10-201 -10-217,
				  Annotated Code of Maryland.
(b) If
				  the Administration exercises the option provided by §A(2), (3), or (4) of this
				  regulation, it may not issue an order requiring corrective action to be taken
				  as a result of the alleged violation before expiration of the time set for
				  filing any report and holding any hearing required under these paragraphs.
				  After that, the Administration may issue an order requiring necessary
				  corrective action to be taken within the time prescribed in the order. A person
				  is not entitled to a hearing before the Administration as a result of this
				  order.
(c) Notice of a hearing or
				  of a requirement that a written report be filed shall be served on the alleged
				  violator personally or by certified or registered mail to his last known post
				  office address not less than 10 days before the time set for the hearing or
				  filing of a report.
(d) Each order
				  the Administration issues under the provisions of this section shall be served
				  on the person affected personally or by certified or registered mail to his
				  last known post office address. The order shall become effective immediately
				  according to its terms upon service.