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Session Laws, 1982
Volume 742, Page 2492   View pdf image
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2492

LAWS OF MARYLAND

Ch. 240

produce evidence as required. The failure to obey a court
order may be punished by the court as contempt.

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. The substance of the deleted language
now appears in the Health - Environmental
Article.

8-1414.

If a violation of any provision of this subtitle has
occurred and the existence of the violation has been finally
determined, the [Department of Health and Mental Hygiene or,
for purposes of § 8-1406 through § 8-1411.1 of this
subtitle, the] Department [of Natural Resources] shall
promptly issue an order requiring the correction of each
violation found to have occurred, and the [appropriate
department] 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 [subsection] SECTION does
not prevent the Attorney General or the [appropriate
department] DEPARTMENT from taking action against the
violator before the expiration of the time limitations or
schedules in the order.

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. The substance of the deleted language
now appears in the Health - Environmental

Article. Ch. ___, Acts of 1982, also corrected

"subsection" in the third sentence of this
section to read "section".

8-1415.

(a) The Attorney General on the request of the
Department [of Natural Resources or the Department of Health
and Mental Hygiene, as appropriate,] shall prosecute
criminal cases or bring an action for an injunction against
any person violating the provisions of this title, or
violating any valid order or permit issued by [either
department] THE DEPARTMENT. In any action for an injunction
brought pursuant to this section, any finding of [either
department] THE DEPARTMENT after hearing shall be prima
facie evidence of each fact found.

 

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Session Laws, 1982
Volume 742, Page 2492   View pdf image
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