Md. Code Regs. 15.20.01.09 - Inspection and Enforcement
A.
Channel Inspection by the Association.
(1)
The association managers or designee shall inspect the project within 2 weeks
following any storm which results in water flow exceeding channel
capacity.
(2) An association shall
send a written inspection report to the Secretary not later than 90 days
following the storm event. The report shall:
(a) Detail the damage to the channels,
vegetation, and water control structures; and
(b) Describe needed repairs and corrective
maintenance and the projected time when the work shall be
accomplished.
(3) The
association managers or designee shall inspect the project at least once every
2 years. The following apply:
(a) An
association shall send a written inspection report to the Secretary by March
1st of the appropriate year. The report shall:
(i) Outline the last inspection of the
project performed not more than 6 months before submission;
(ii) Detail the condition of the channel,
vegetation, and structures;
(iii)
Describe needed maintenance and the projected time when the work shall be
completed; and
(iv) Describe the
work completed in the previous 2 years.
(b) An association need not file the biennial
written inspection report required in §A(3) if:
(i) Storm damage occurred during the 6 months
before March 1st of the appropriate year; and
(ii) An inspection report required in
§A(1) was submitted.
(4) An association shall keep records on work
performed on a project. These records shall:
(a) Include the items of work, cost, and the
date the work was completed; and
(b) Be made available upon request to the
Secretary.
B.
State Inspection.
(1) The Secretary shall
coordinate on-site inspections of a project by the Departments of Agriculture,
the Environment, and Natural Resources.
(2) An association shall grant each
Department the right of entry to inspect a project to ensure that it complies
with an approved construction or reconstruction plan or an approved operation
and maintenance plan for the project.
C. Enforcement.
(1) The Secretaries of Agriculture, the
Environment, or Natural Resources may pursue any sanction or remedy provided in
Agriculture Article, §
8-603, Annotated Code of
Maryland. Before pursuing any sanction or remedy, however, the Secretaries of
the Environment and Natural Resources shall:
(a) Consult with the Secretary of
Agriculture; and
(b) Provide the
Secretary of Agriculture a reasonable period of time to solve any
problem.
(2) The
Secretary of a Department may issue a written order for corrective measures to
any person who violates this chapter, or who fails to follow any requirement of
an approved project plan.
(3) A
person ordered to comply with this chapter may request a hearing. The following
apply:
(a) The hearing request shall be made
in writing to the Secretary who issued the order;
(b) The hearing request shall be made not
later than 10 days after the date the order is served;
(c) When different Departments have initiated
administrative proceedings arising from the same or related activities, any
person subject to more than one order may request a consolidated
hearing;
(d) The hearing shall be
scheduled within 30 working days from the receipt of the request;
(e) A decision shall be rendered within 30
working days from the hearing date;
(f) The Administrative Procedure Act, State
Government Article, §
10-201 et seq.,
Annotated Code of Maryland, governs the practice and procedure in all hearings
and appeals.
(4) Whether
an order for corrective measures has been issued or contested, the Secretary of
a Department may, at any time, refer an alleged violation of this chapter or of
any approved plan requirement directly to the Attorney General for appropriate
legal action.
(5) In addition to
any other sanction under Agriculture Article, §
8-603, Annotated Code of
Maryland, any person who constructs, reconstructs, operates, or maintains an
agricultural drainage project without approved plans or in violation of
approved plan requirements, shall be liable to the State in a civil action for
damages in an amount equal to double the costs of that portion of constructing,
reconstructing, operating, or maintaining the project that was not done in
accordance with the requirements of this chapter.
(6) A civil action under Agriculture Article,
§
8-603, Annotated Code of
Maryland, shall be prosecuted by the Attorney General on behalf of the
appropriate Department. Damages recovered shall be deposited in a special fund
to be used solely for:
(a) First, correcting
the deficiencies in the agricultural drainage project in question;
and
(b) Second, supporting the
Secretary of Agriculture's program for review and approval of the agricultural
drainage projects.
(7)
The Secretary of any Department may seek an injunction against any person who
does not have or fails to follow an approved plan.
Notes
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