WILLIAM DONALD SCHAEFER, Governor Ch. 306

likely to be washed into waters of the State by runoff of
precipitation or by any other flowing waters.

[8-1413.1] 4-414.

The Department of [Natural Resources] THE ENVIRONMENT in
cooperation with other appropriate agencies, shall evaluate and
monitor the dumping of all dredged spoil and similar type
operations in the waters of the State. The frequency of
monitoring during actual operations shall be sufficient to
promptly identify any irregular or unanticipated occurrence
within sufficient time to modify or terminate the operations
before environmental damage occurs. All monitoring data shall be
made available promptly to the public.

[8-1414] 4-415.

If a violation of any provision of this subtitle has
occurred and the existence of the violation has been finally
determined, the Department shall promptly issue an order
requiring the correction of each violation found to have
occurred, and the 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 section does not prevent the Attorney General or the
Department from taking action against the violator before the
expiration of the time limitations or schedules in the order.

[8-1415] 4-416.

(a)  The Attorney General on the request of the Department
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 the
Department. In any action for an injunction brought pursuant to
this section, any finding of the Department after hearing shall
be prima facie evidence of each fact found.

(b)  Upon a showing by the Attorney General in behalf of the
Department, that any person is violating or is about to violate
the provisions of this subtitle or is violating or is about to
violate any valid order or permit issued by the Department, an
injunction shall be granted without the necessity of showing a
lack of adequate remedy at law. In circumstances of emergency
creating conditions of imminent danger to the public health,
welfare or the environment, the Attorney General, on behalf of
the Department, may institute a civil action for an immediate
injunction to halt any pollution or other activity causing the
danger.

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