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Session Laws, 1982
Volume 742, Page 2490   View pdf image
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2490

LAWS OF MARYLAND

Ch. 240

shall be jointly and severally liable for the reasonable
cost of rehabilitation and restoration of the resources
damaged and the cost of eliminating the condition causing
the damage, including the environmental monetary value of
such resources as established by regulation.

SUPPLEMENTAL REVISOR'S NOTE: Ch. ___, Acts of 1982,
which enacted the Health - Environmental Article,
also amended this section to delete the
references to the Department of Health and Mental
Hygiene, including deleting former subsections
(b) and (c) of this section in their entirety and
renumbering former subsections (d). and (e) of
this section to be subsections (b) and (c),
respectively. The substance of the deleted
language now appears. in the Health
Environmental Article.

8-1412.

(a) Whenever the [Department of Health and. Mental
Hygiene or, for the purposes of § .8-1406 through § 8-1411.1
of this subtitle, the] Department [of Natural Resources]
believes a violation of any provision of this subtitle or
any rule or regulation has occurred, it shall cause a
written complaint to be served upon the alleged violator.
The complaint shall specify the provision of law or rule or
regulation allegedly violated and the alleged fact that
constitutes the violation. Subsequent to or concurrent with
service of the complaint as provided in subsection (c),
[either department] THE DEPARTMENT may exercise one of the
following options:

(1)   Issue an order requiring necessary
corrective action be taken within the time prescribed in its
order. Any person named in the order may request in writing
a hearing before the Department not later than ten days
after the date the order is served, in which case a hearing
shall be scheduled within ten days from receipt of the
request. A decision shall be rendered within ten days from
the date of the hearing.

(2)  Require the alleged violator to file a
written report regarding the alleged violation.

(3)  Require the alleged violator to appear
before the Department at a time and place the Department
specifies to answer the charge outlined in the complaint.

(4)  Require the alleged violator to file a
written report regarding the alleged violation and appear
before the Department at a time and place the Department
specifies to answer the charges outlined in the complaint.

If [either department] THE DEPARTMENT exercises the

 

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Session Laws, 1982
Volume 742, Page 2490   View pdf image
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