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Session Laws, 1980
Volume 739, Page 3547   View pdf image
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HARRY HUGHES, Governor

3547

(b)  Judicial review of departmental order. — A person
aggrieved by an order or permit issued does not have the
right to appeal to the board of review OF THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE [as provided in Title 1 of this
article], but may obtain immediate judicial review under the
provisions of Article 41, §§ 255 and 256 and the Maryland
Rules of Procedure.

(c)  Manner of service of notices, orders, etc. —
Except as otherwise provided, any notice, order, or other
instrument issued by or under authority of the Department OF
HEALTH AND MENTAL HYGIENE may be served personally or by
publication on any person affected. Service may be made by
mailing a copy of the notice, order, or other instrument by
certified or registered mail to the person affected at his
last known post-office address as shown by the Department's
files or records. Proof of service may be made by the sworn
statement or affidavit of the person who mailed the notice,
order, or other instrument. The sworn statement or affidavit
shall be filed with the Department OF HEALTH AND MENTAL
HYGIENE.

(d)  Record of hearings; witnesses' fees and mileage;
court order requiring appearance, etc., at hearing. — A
verbatim record of the proceedings of hearings may be taken
when necessary or advisable by the Department OF HEALTH AND
MENTAL HYGIENE. A subpoenaed witness shall receive the same
fees and mileage as in any civil action. If a witness
refuses to obey a notice of hearing or subpoena issued under
this section, any circuit court, upon the application of the
Department OF HEALTH AND MENTAL HYGIENE, may issue an order
requiring the person to appear, testify, or produce evidence
as required. The failure to obey a court order may be
punished by the court as contempt.

8-1413. Polluting or contaminating state waters; activities
requiring permit from the Department OF HEALTH AND MENTAL
HYGIENE; permit requirements; records and reports of
pollution discharges.

(b) Permit—Required. — Notwithstanding subsection
(a) of this section, any person intending to construct,
install, modify, extend, alter, or operate any industrial
commercial or recreational facility or disposal system or
any state-owned treatment facility or any other outlet, or
establishment, the operation of which would result in or be
capable of causing a discharge of pollutants or an increase
in the discharge of pollutants into the waters of the State,
shall obtain a permit from the [administration] DEPARTMENT
OF HEALTH AND MENTAL HYGIENE. The [administration]
DEPARTMENT OF HEALTH AND MENTAL HYGIENE may require a
discharge permit from any other activity by rule or
regulation.

 

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Session Laws, 1980
Volume 739, Page 3547   View pdf image
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