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(a) Compliance methods. The Director may conduct testing or require a property owner to conduct testing to determine compliance with this Chapter in response to a complaint.
(b) Manner of testing. A property owner must conduct all tests in a manner, and before the deadline, set by the Director and submit a detailed report of all test results to the Director within 15 days after the testing is complete unless the Director grants an extension. Each test must be performed by a person qualified to conduct the test, as determined by the Director. (2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
2002 L.M.C., ch. 6, § 1, repealed former § 3-11 “Revocation of permit,” which was derived from 1975, L.M.C., ch. 17, § 1.
(a) Notwithstanding this Chapter or any other law, if the Director finds that a person is causing or contributing to air pollution and that the pollution creates an emergency that requires immediate action to protect the public health or safety, the Director must order the person to immediately reduce or stop the air pollution. That person must immediately comply with the Director’s order.
(b) If the Governor or the Secretary of the Maryland Department of the Environment declares an air pollution episode, the Director may take any action authorized under State law to protect the public health or safety. (1975 L.M.C., ch. 17, § 1; 2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
Former § 3-14, “Emergency provisions,” was repealed, reenacted with amendments, and renumbered § 3- 12, pursuant to 2002 L.M.C., ch. 6, § 1
2002 L.M.C., ch. 6, § 1, repealed former § 3-12, “Testing and monitoring,” which was derived from 1975 L.M.C., ch. 17, § 1.
(a) The Director may enter a non-residential site during normal business hours or at any other reasonable time to inspect, investigate, or monitor activities subject to this Chapter. If the person in charge of the site does not consent to an entry by the Director, the Director must obtain an administrative search warrant from a court by satisfying reasonable statutory or administrative standards for conducting an inspection.
(b) The Director may, with the consent of the owner or occupant, enter a private dwelling at any reasonable time to inspect, investigate, or monitor activities subject to this Chapter. If the owner or occupant of the residence does not consent to an entry by the Director, the Director may obtain an administrative search warrant from a court by showing that reasonable legislative or administrative standards for conducting an area inspection have been satisfied.
(c) A person must not hinder, prevent, or unreasonably refuse to permit a lawful inspection, investigation, or monitoring under this Chapter.
(d) The Director, the Fire Administrator, or the Administrator’s designee may issue a notice of violation, corrective order, stop-work order, or civil citation to any person who causes or allows a violation of this Chapter.
(e) A person who causes or allows a violation of this Chapter must submit a plan for compliance if required under a notice of violation or corrective order. The plan must include a schedule to correct the violation. The Director must approve or disapprove the plan and any amendment to an approved plan.
(f) The Director may issue a stop-work order to any person who violates this Chapter in connection with an activity conducted under a building permit issued under Chapter 8 or a sediment control permit issued under Chapter 19.
(g) Any violation of this Chapter is a Class A violation. Each day a violation continues is a separate offense.
(h) In addition to any other remedy allowed by law, the Department may seek injunctive or other appropriate judicial relief to prevent or stop a violation of this Chapter. (2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
2002 L.M.C., ch. 6, § 1, repealed former § 3-13, “Circumvention and right of entry,” which was derived from 1975 L.M.C., ch. 17, § 1.
(a) A person aggrieved by an action taken or an order issued under this Chapter may seek reconsideration by filing a written request with the Director within 10 days after the action or order. The request must state the date and nature of the action or order, the remedy requested, and why the Director should grant the request. Within 10 days after receiving the request, the Director must:
(1) issue a written decision on the request for reconsideration if the Director finds no material facts in dispute; or
(2) notify the person in writing of any material facts in dispute and:
(A) establish a deadline of not more than 30 additional days for the Department to resolve the dispute and the Director to issue a written decision on the request for reconsideration; or
(B) refer the matter to a hearing officer under Article I of Chapter 2A.
(b) A request for consideration does not stay the action or order unless the Director grants a stay. The Director’s decision on a request for reconsideration is a final decision.
(c) A person aggrieved by a final decision of the Director under this Chapter may appeal the action or order under Section 2A-11. (1975 L.M.C., ch. 17, § 1; 1993 L.M.C., ch. 20, § 1; 2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
Former § 3-16, “Appeals,” was repealed, reenacted with amendments, and renumbered § 3-14, pursuant to 2002 L.M.C., ch. 6, § 1. Former § 3-14, “Emergency provisions,” was repealed, reenacted with amendments, and renumbered § 3-12, pursuant to 2002 L.M.C., ch. 6, § 1.
Editor’s note—2002 L.M.C., ch. 6, § 1, repealed former § 3-15, “Prima facie evidence of unlawful emissions,” which was derived from 1975 L.M.C., ch. 17, § 1.
Editor’s note—Former § 3-16, “Appeals,” was repealed, reenacted with amendments, and renumbered § 3-14, pursuant to 2002 L.M.C., ch. 6, § 1.
Editor’s note—2002 L.M.C., ch. 6, § 1, repealed former § 3-17, “Violations, penalties and liabilities,” which was derived from 1975 L.M.C., ch. 17, § 1; 1983 L.M.C., ch. 22, § 5.)
In any hearing of the district court for the county or any court of competent jurisdiction, the fact of operation without a valid permit, together with testimony as to ownership or responsibility from the records of the department shall be prima facie evidence of unlawful emissions and that the equipment for which the permit is not in effect is being operated in violation of the provisions of this chapter and regulations enacted pursuant thereto. (1975 L.M.C., ch. 17, § 1.)
Any person aggrieved by an order issued under this Chapter may appeal within 10 days from such order to the County Board of Appeals under Section 2-112(a). Such appeal does not stay execution of the order more than 10 days, unless the Board of Appeals grants a stay upon application of the person filing the appeal. (1975 L.M.C., ch. 17, § 1; 1993 L.M.C., ch. 20, § 1.)