2438                                            LAWS OF MARYLAND                                     Ch. 838

AUTHORIZED TO ISSUE THE PERMIT OR ORDER; (II) AN ORDER OR
OTHER ADJUDICATION OF A COURT OF COMPETENT JURISDICTION IN A
PROCEEDING IN WHICH ALL OF THE MATERIAL ISSUES INVOLVED IN
THE ACTION WERE RAISED AND DETERMINED, WHETHER OR NOT THE
PARTIES TO THE PRIOR LITIGATION WERE IDENTICAL TO THE
PARTIES IN THE PENDING ACTION; OR (III) A LAWFUL CURRENT
PERMIT OR ORDER OF AN AGENCY OF THE UNITED STATES GOVERNMENT
AUTHORIZED TO ISSUE THE PERMIT OR ORDER.

(2) IF THE COURT FINDS, UPON CLEAR AND
CONVINCING EVIDENCE AT ANY STAGE OF THE PROCEEDING, THAT THE
CONDITION, ACTIVITY, OR FAILURE COMPLAINED OF EXISTS AND
EITHER PRESENTS AN IMMINENT DANGER TO THE HEALTH, WELFARE,
OR SAFETY OF THE PEOPLE OF THE STATE, OR RESULTS IN OR IS
LIKELY TO RESULT IN IRREVERSIBLE OR IRREPARABLE DAMAGE TO
THE AIR, WATER, OR OTHER NATURAL RESOURCES OF THE STATE, THE
COURT MAY REMAND THE MATTER TO THE AGENCY WITH INSTRUCTIONS
TO CONSIDER AND MAKE FACTUAL DETERMINATIONS WITH RESPECT TO
THE MATERIAL ISSUES, AS DETERMINED BY THE COURT, WITHIN A
TIME CONSIDERED REASONABLE BY THE COURT. A FINDING MAY NOT
BE MADE UNTIL THE DEFENDANT HAS BEEN PROVIDED AN OPPORTUNITY
BY THE COURT TO PRESENT EVIDENCE REBUTTING THE PLAINTIFF'S
EVIDENCE.

1-505. VENUE, PLEADINGS, AND PROCEDURE.

(A)    AN ACTION PURSUANT TO THIS SUBTITLE SHALL BE
BROUGHT IN THE CIRCUIT COURT WHERE THE ALLEGED CONDITION,
ACTIVITY, OR FAILURE COMPLAINED OF IS OCCURRING, HAS
OCCURRED, OR IS LIKELY TO OCCUR.

(B)    IF THE PLAINTIFF IS A PERSON OTHER THAN THE
STATE, AN ACTION DOES NOT LIE UNDER THIS SUBTITLE UNLESS THE
PLAINTIFF, AT LEAST 30 DAYS PRIOR TO THE COMMENCEMENT OF THE
ACTION, HAS DELIVERED A SUFFICIENT WRITTEN NOTICE OF THE
ALLEGED CONDITION, ACTIVITY, OR FAILURE TO THE AGENCY OF THE
STATE OR ITS POLITICAL SUBDIVISION RESPONSIBLE FOR
INITIATING OR INSTITUTING SOME OFFICIAL ACTION AS A RESULT
OF THE ALLEGED CONDITION, ACTIVITY, OR FAILURE. A COPY OF
THE NOTICE SHALL BE SIMULTANEOUSLY DELIVERED TO THE ATTORNEY
GENERAL.

(C)    IN ADDITION TO THE COPIES WHICH ARE TO BE SERVED
UPON ANY PERSON NAMED AS A DEFENDANT, A COPY OF THE SUMMONS
AND BILL OF COMPLAINT AND OF ANY SUPPORTING PAPERS AND
EXHIBITS ATTACHED TO IT, INCLUDING IN ALL CASES A
CERTIFICATE FROM THE PLAINTIFF UNDER SUBSECTION (B) OF THE
DATE OF THE MAILINGS, A COPY OF THE MAILED WRITTEN NOTICE
AND THE SIGNED CERTIFIED MAIL RECEIPTS RETURNED BY THE
ADDRESSEES, MUST BE SERVED UPON THE ATTORNEY GENERAL, FOR
PURPOSES OF NOTICE AND ALSO TO GIVE HIM AN OPPORTUNITY TO
INTERVENE. IT IS DISCRETIONARY WITH THE ATTORNEY GENERAL
AND WITH EACH INTERESTED STATE AGENCY OR OFFICIAL
REPRESENTED BY HIM WHETHER TO APPEAR IN THE ACTION BUT, UPON
APPLICATION, AT ANY TIME DURING THE PENDENCY OF THE ACTION
THE ATTORNEY GENERAL SHALL BE PERMITTED TO INTERVENE.

1-506. STAY OF PROCEEDINGS.