2013 Maryland Code
ENVIRONMENT
§ 4-415 - Orders to correct violations


MD Env Code § 4-415 (2013) What's This?

§4-415.

If a violation of any provision of this subtitle has occurred and the existence of the violation has been finally determined, the Department shall promptly issue an order requiring the correction of each violation found to have occurred, and the Department shall secure compliance with the provisions of the order. If the terms of the order are violated or if the violation has not been corrected within the time specified in the order, the violation shall be referred to the Attorney General, who, in addition to any other action taken or which he elects to take against the violator, shall take appropriate legal action to require correction of the violation. This section does not prevent the Attorney General or the Department from taking action against the violator before the expiration of the time limitations or schedules in the order.

§ 4-415 - 1. Entry and access to property

(a) In general. -- At any reasonable time, to carry out duties under this subtitle, a representative of the Department may enter any oil storage facility or vessel or barge in or entering upon the waters of the State to discharge or receive a cargo of any bulk oil:

(1) To inspect the vessel, barge, or oil storage facility;

(2) To obtain water, air, or soil samples; and

(3) To measure the volume and kinds of substances that are received or stored.

(b) Corrective action. -- The Department may enter any property and assume control of any oil spill situation when it determines that a responsible party is not:

(1) Acting promptly to remove the spill; or

(2) Undertaking removal or mitigation in a manner appropriate to control or rectify the conditions causing the condition.

(c) Injunctions. -- If entry is denied under this section, the Secretary may seek an injunction to enter the facility or property.

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