Ch. 306

LAWS OF MARYLAND

an order requiring corrective action to be taken as a result of
the alleged violation before expiration of the time set for
filing any report and holding any hearing required under these
paragraphs. Thereafter, the Department may issue an order
requiring necessary corrective action be taken within the time
prescribed in the order. A person is not entitled to a hearing
before the Department as a result of this order. Notice of a
hearing or of a requirement that a written report be filed shall
be served on the alleged violator in accordance with the
provisions of subsection (c) not less than ten days before the
time set for the hearing or filing of a report. Every order the
Department issues under the provisions of this section shall be
served on the person affected in accordance with the provisions
of subsection (c). The order shall become effective immediately
according to its terms upon service.

(b)  A person aggrieved by an order or permit issued does
not have the right to appeal to the board of review of the
Department, but may obtain immediate judicial review under the
provisions of §§ 10-215 and 10-216 of the State Government
Article and the Maryland Rules of Procedure.

(c)  Except as otherwise provided, any notice, order, or
other instrument issued by or under authority of the Department
may be served personally of by publication on any person
affected. Service may be made by mailing a copy of the notice,
order, or other instrument by certified mail, return receipt
requested, bearing a postmark from the United States Postal
Service, 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.

(d)  A verbatim record of the proceedings of hearings may be
taken when necessary or advisable by the Department. 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, 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] 4-413.

    Except as a result of agricultural land management practices
as defined by the Department for purposes of Subtitle [11] 1 of
this title, or except as authorized by a permit issued under §
9-323 of the [Health - Environmental] ENVIRONMENT Article, it is
unlawful for any person to add introduce, leak, spill, or
otherwise emit soil or sediment into waters of the State or to
place soil or sediment in a condition or location where it is

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