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§ 4-416. Enforcement by Attorney General

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 4. Water Management (Refs & Annos)
Subtitle 4. Water Pollution Control and Abatement
MD Code, Environment, § 4-416
§ 4-416. Enforcement by Attorney General
In general
(a) The Attorney General, on the request of the Department, shall prosecute criminal cases or bring an action for an injunction against any person violating the provisions of this title, or violating any valid order or permit issued by the Department. In any action for an injunction brought pursuant to this section, any finding of the Department after hearing shall be prima facie evidence of each fact found.
Injunctions
(b) Upon a showing by the Attorney General, in behalf of the Department, that any person is violating or is about to violate the provisions of this subtitle or is violating or is about to violate any valid order or permit issued by the Department, an injunction shall be granted without the necessity of showing a lack of adequate remedy at law. In circumstances of emergency creating conditions of imminent danger to the public health, welfare or the environment, the Attorney General, on behalf of the Department, may institute a civil action for an immediate injunction to halt any pollution or other activity causing the danger.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1. Amended by Acts 1980, c. 27; Acts 1980, c. 815; Acts 1981, c. 2, § 3; Acts 1982, c. 240, § 4; Acts 1987, c. 306, § 3; Acts 1988, c. 6, § 1.
Formerly Art. 96A, § 28A.
MD Code, Environment, § 4-416, MD ENVIR § 4-416
Current through legislation effective through June 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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