§ 5-911

Maryland § 5-911

• Jurisdiction: Maryland
• Article gen: Environment
• Title: 5

Text

(a) (1) The enforcement provisions in this section are in addition to any other applicable provisions in this title.

(2) In addition to the enforcement authority granted the Department, the enforcement provisions of this section may be exercised by any county that has program delegation authority.

(b) The Department may revoke a permit for cause, including violation of permit conditions, obtaining a permit by misrepresentation, failing to disclose a relevant or material fact, or change in conditions. The Department shall notify the violator in writing and provide an opportunity for a hearing.

(c) The Department may issue a stop work order against any person who violates any provision of this subtitle or any regulation, order, or permit under this subtitle related to a regulated activity.

(d) (1) A person who violates any provision of this subtitle or any regulation, order, or permit under this subtitle is liable for a penalty not exceeding $10,000, which may be recovered in a civil action brought by the Department. Each day a violation continues is a separate violation under this subsection.

(2) The court may issue an injunction requiring the person to cease the violation and restore the area unlawfully disturbed.

(e) (1) A person who violates any provision of or fails to perform any duty imposed by this subtitle or by a regulation, order, or permit under this subtitle is guilty of a misdemeanor and on conviction is subject to:

(i) For a first offense, a fine not exceeding $10,000; or

(ii) For a second or subsequent offense, a fine not exceeding $25,000.

(2) The court may order the person to restore the area unlawfully disturbed.