2142

LAWS OF MARYLAND

Ch. 240

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.

REVISOR'S NOTE: This section is new language patterned
after the provisions of NR § 8-1415 that apply to
this subtitle.

7-264. JUDICIAL REVIEW.

(A)  IN GENERAL.

ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE
DEPARTMENT IN CONNECTION WITH AN ORDER, HAULER CERTIFICATE,
VEHICLE CERTIFICATE, OR FACILITY PERMIT ISSUED UNDER THIS
SUBTITLE MAY NOT APPEAL TO THE BOARD OF REVIEW BUT MAY TAKE
A DIRECT JUDICIAL APPEAL.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

THE APPEAL SHALL BE MADE AS PROVIDED FOR JUDICIAL
REVIEW OF FINAL DECISIONS IN THE ADMINISTRATIVE PROCEDURE
ACT.

REVISOR'S NOTE: This section is new language patterned
after NR § 8-1412(b).

7-265. SPECIFIC OFFENSES AND PENALTIES.

(A)  SPECIFIC OFFENSES.

A PERSON WHO COMMITS ANY OF THE FOLLOWING OFFENSES IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A
FINE NOT EXCEEDING $25,000 OR IMPRISONMENT NOT EXCEEDING 3
YEARS, OR BOTH:

(1)  STORING, DUMPING, DISCHARGING, ABANDONING,
OR OTHERWISE DISPOSING OF A CONTROLLED HAZARDOUS SUBSTANCE
IN ANY PLACE OTHER THAN A CONTROLLED HAZARDOUS SUBSTANCE
FACILITY FOR WHICH A CURRENT FACILITY PERMIT IS IN EFFECT;

(2)  TRANSPORTING FOR TREATMENT, STORAGE, OR
DISPOSAL A CONTROLLED HAZARDOUS SUBSTANCE TO ANY PLACE OTHER
THAN A CONTROLLED HAZARDOUS SUBSTANCE FACILITY FOR WHICH A
CURRENT FACILITY PERMIT IS IN EFFECT;

(3)  FALSIFYING ANY INFORMATION REQUIRED BY THE
DEPARTMENT UNDER THIS SUBTITLE OR ANY RULE, REGULATION,
ORDER, HAULER CERTIFICATE, VEHICLE CERTIFICATE, OR FACILITY
PERMIT ISSUED UNDER THIS SUBTITLE; OR

(4)  AUTHORIZING, DIRECTING, OR PERMITTING ANY
OFFENSE LISTED IN THIS SECTION.

(B)  SEPARATE OFFENSES FOR EACH DAY.