Md. Code Regs. 26.11.02.08 - Late Applications and Delays in Acting on Applications
A. The Department
does not issue retroactive permits for sources which are constructed, modified,
or operated before being covered by a valid permit or approval. Processing and
evaluation of late applications follow the requirements of this chapter and
COMAR 26.11.03. In determining the appropriate penalty to seek in an
administrative or judicial enforcement action, the Department shall consider,
among other things:
(1) The length of time
that a source was not permitted;
(2) Whether the person responsible for the
source had actual or constructive knowledge of the requirements of this chapter
and COMAR 26.11.03; and
(3) Whether
and to what extent the source was in violation of the other applicable
requirements of the State air pollution control law or of the Clean Air
Act.
B. As required by
the Clean Air Act and State Government Article, ยง
10-226(b),
Annotated Code of Maryland, continued operation of a source pending final
action on an application for the renewal of a State permit to operate or a Part
70 permit is not by itself a basis for administrative or judicial enforcement
action if the source has submitted a timely and complete application and is in
compliance with the prior State permit to operate or Part 70 permit. This
protection ceases to apply if, subsequent to a timely submission of a complete
application, the applicant fails to submit by the deadline specified in writing
by the Department any additional information identified as being needed to
process the application.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.