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§ 7-263. Injunctive relief

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 7. Hazardous Materials and Hazardous Substances (Refs & Annos)
Subtitle 2. Controlled Hazardous Substances (Refs & Annos)
Part VIII. Enforcement
MD Code, Environment, § 7-263
§ 7-263. Injunctive relief
In general
(a) The Department may bring an action for an injunction against any person who violates any provision of this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued by the Department under this subtitle.
Department findings
(b) In any action for an injunction under this section, any finding of the Department after a hearing is prima facie evidence of each fact the Department determines.
Grounds for injunction
(c) On a showing that any person is violating or is about to violate this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued by the Department, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
Emergency
(d) If an emergency exists from imminent danger to the public health, to the public welfare, or to the environment, the Department may sue for an immediate injunction to stop the activity that is causing the danger.

Credits

Added by Acts 1982, c. 240, § 2. Amended by Acts 1982, c. 241, § 1; Acts 1991, c. 154.
MD Code, Environment, § 7-263, MD ENVIR § 7-263
Current through legislation effective through May 9, 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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