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(a) The Department may enter a site at any time during normal business hours, and at other reasonable times, to inspect, investigate, or monitor activities subject to this Article. If the person in charge of the site does not consent to any entry by the Department, the Director must obtain an administrative search warrant from a court with jurisdiction by showing that reasonable administrative standards for inspecting the site have been met.
(b) If a discharge is observed which represents an immediate hazard to public health or safety, or aquatic life, the Director or employees of the Department of Police, the Department of Fire and Rescue Services, and any other agent of the County designated by the County Executive, may enter any property or structure, except a dwelling, as necessary to prevent or stop the hazard.
(c) A person must not hinder, prevent, or unreasonably refuse to permit any inspection, investigation, or monitoring under this Article.
(d) Upon finding a violation of this Article, the Director may issue a notice of violation, stop order, or corrective order to any person causing or permitting the violation.
(e) Any person who causes or permits a violation of this Article to occur must submit a plan for compliance when required by the Department. A plan for compliance and any amendment to it must be approved by the Director. If the violation involves a person engaged in agriculture, a plan for compliance must be developed under Section 19-51(c).
(f) A person who has submitted a plan for compliance that has been approved by the Director is not in violation of this Chapter as long as the person acts in accordance with the plan for compliance.
(g) The Director of Permitting Services may issue a stop work order to any person who violates this Article when performing activities authorized by a building permit or sediment control permit issued under Chapter 8 or Chapter 19.
(h) In addition to any other remedy allowed by law, the Department may seek injunctive or other appropriate judicial relief to prevent or stop any violation of this Article. (1994 L.M.C., ch. 31, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2001 L.M.C., ch. 27, § 1; 2002 L.M.C., ch. 16, § 2.)
Editor’s note—2001 L.M.C., ch. 27, § 2, states: Transition. Until superseded, a Regulation issued before this Act took effect [February 27, 2002] remains in effect to the extent the regulation is consistent with Chapter 19, as amended by this Act. This Act does not apply to a violation of Chapter 19 that initially accrued before this Act took effect [February 27, 2002].