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Session Laws, 1989
Volume 771, Page 3312   View pdf image
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Ch. 536                                       LAWS OF MARYLAND

(II) ANY CIVIL OR CRIMINAL PENALTY IMPOSED BY A
COURT IN ACCORDANCE WITH § 8-1210 OF THIS SUBTITLE.

(3)  FUNDS IN THE NONTIDAL WETLAND COMPENSATION FUND
MAY BE USED ONLY FOR THE CREATION, RESTORATION, OR ENHANCEMENT OF
NONTIDAL WETLANDS.

(4)  FUNDS CREDITED AND ANY INTEREST ACCRUED TO THE
FUND SHALL REMAIN AVAILABLE UNTIL EXPENDED, AND MAY NOT BE
REVERTED TO THE GENERAL FUND UNDER ANY OTHER PROVISION OF LAW.

(5)  AT THE END OF THE FISCAL YEAR, THE DEPARTMENT
SHALL PREPARE AN ANNUAL REPORT ON THE NONTIDAL WETLAND
COMPENSATION FUND THAT INCLUDES AN ACCOUNTING OF ALL FINANCIAL
RECEIPTS AND EXPENDITURES TO AND FROM THE FUND AND SHALL PROVIDE
A COPY OF THE REPORT TO THE GENERAL ASSEMBLY, AS PROVIDED UNDER §
2-1312 OF THE STATE GOVERNMENT ARTICLE.

8-1210.

(A) (1) THE ENFORCEMENT PROVISIONS IN THIS SECTION ARE IN
ADDITION TO ANY OTHER APPLICABLE PROVISIONS IN THIS TITLE.

(2) IN ADDITION TO THE ENFORCEMENT AUTHORITY GRANTED
THE DEPARTMENT, THE ENFORCEMENT PROVISIONS OF THIS SECTION MAY BE
EXERCISED BY ANY COUNTY THAT HAS PROGRAM DELEGATION AUTHORITY.

(B)  THE DEPARTMENT MAY REVOKE A PERMIT FOR CAUSE INCLUDING
VIOLATION OF PERMIT CONDITIONS, OBTAINING A PERMIT BY
MISREPRESENTATION, FAILING TO DISCLOSE A RELEVANT OR MATERIAL
FACT, OR CHANGE IN CONDITIONS. THE DEPARTMENT SHALL NOTIFY THE
VIOLATOR IN WRITING AND PROVIDE AN OPPORTUNITY FOR A HEARING.

(C)  THE DEPARTMENT MAY ISSUE A STOP WORK ORDER AGAINST ANY
PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE OR ANY
REGULATION, ORDER, OR PERMIT UNDER THIS SUBTITLE RELATED TO A

REGULATED ACTIVITY.

(C) (D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBTITLE OR ANY RULE, REGULATION, ORDER, OR PERMIT UNDER THIS
SUBTITLE IS LIABLE FOR A PENALTY NOT EXCEEDING $10,000, WHICH MAY
BE RECOVERED IN A CIVIL ACTION BROUGHT BY THE DEPARTMENT. EACH
DAY A VIOLATION CONTINUES IS A SEPARATE VIOLATION UNDER THIS
SUBSECTION.

(2) THE COURT MAY ISSUE AN INJUNCTION REQUIRING THE
PERSON TO CEASE THE VIOLATION AND RESTORE THE AREA UNLAWFULLY
DISTURBED.

(D) (E) (1) A PERSON WHO VIOLATES ANY PROVISION OF OR FAILS
TO PERFORM ANY DUTY IMPOSED BY THIS SUBTITLE, OR BY A RULE,
REGULATION, ORDER, OR PERMIT UNDER THIS SUBTITLE, IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO:

- 3312 -

 

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Session Laws, 1989
Volume 771, Page 3312   View pdf image
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