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§ 5-911. Enforcement

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 5. Water Resources (Refs & Annos)
Subtitle 9. Nontidal Wetlands (Refs & Annos)
MD Code, Environment, § 5-911
§ 5-911. Enforcement
Currentness
Construction; enforcement by county with delegation authority
(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.
Revocation of permit
(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.
Stop work order
(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.
Civil penalty; injunction
(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.
Criminal penalty; restoration order
(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.

Credits

Added by Acts 1989, c. 536. Amended by Acts 1990, c. 6, § 2. Renumbered from Natural Resources § 8-1210 by Acts 1995, c. 488, § 1, eff. July 1, 1995.
MD Code, Environment, § 5-911, MD ENVIR § 5-911
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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