Md. Code Regs. 15.20.12.11 - Enforcement

A. Suspension or Revocation of Credit Certification.

(1) The Department may suspend or revoke certification of an agricultural nonpoint source nutrient credit for any violation of Agriculture Article, Title 8, Subtitle 9, Annotated Code of Maryland, any violation of this chapter, or the following:

(a) Failure to adopt or install any practice or activity certified pending implementation in conformity with standards and specifications or to differ substantially from the original credit generation proposal;

(b) Failure to maintain any practice or activity as required by the operation's SCWQP;

(c) Failure to take timely steps to remedy any deficiencies reported by the verifier, in response to a corrective action order by the Department, or as a result of a Department review;

(d) Failure to sell credits during their certified lifespan; and

(e) Performance of any other action or failure to act in such a manner that the Department determines provides other good cause to suspend or revoke the certification.

(2) Notice of the suspension or revocation of credit certification will be issued with an effective date to the credit owner and all other affected parties and will also be published on the trading program website;

(3) An owner or operator may dispute findings of violations or failures by requesting an opportunity to be heard in writing to the Secretary of Agriculture within 30 days of receiving notice; and

(4) Suspension or revocation of credit certification does not preclude any other punitive action that may be taken by another public or private entity.

Notes

Md. Code Regs. 15.20.12.11

Regulation .11 adopted effective 43:9 Md. R. 531, eff.5/9/2016