Md. Code Regs. 26.11.02.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.11.02.05 - Violation of Permits and Approvals

A. A person may not violate or cause to be violated any term or conditions of a permit issued under this chapter or COMAR 26.11.03. The Department may bring any action authorized by law for violation of a permit or any term or condition of a permit. These actions include revocation of a permit or any other actions specified in Environment Article, § 2-601 et seq., Annotated Code of Maryland. Under Environment Article, § 2-609, Annotated Code of Maryland, the Department may seek immediate injunctive relief against a person who violates a permit in such a manner as to cause a threat to human health or the environment. Unless they provide otherwise, the terms and conditions of a permit remain in effect until the permit expires or is revised, revoked, or superseded by the issuance of a later permit, order, plan for compliance, or other consent agreement which is inconsistent with the earlier permit, either expressly or by necessary implication.

B. Each day of violation of each provision of a permit is a separate violation, as provided by Environment Article, 2-609.1, 2-610, and 2-610.1, Annotated Code of Maryland. Each day of construction, modification, or operation without a permit which is in current effect, as required by this chapter and COMAR 26.11.03, is a separate violation.

C. In addition to or in lieu of bringing an administrative or judicial enforcement action against a person responsible for construction, modification, or operation of a source for which a permit has expired or has been revoked, the Department, at its option, may treat the permit as remaining in effect for the purpose of administrative or judicial enforcement for violation of the provisions of the permit.

D. Except as provided in a permit shield issued under COMAR 26.11.03.23 a for a Part 70 source, the issuance of a permit for a particular source does not alter the requirement for the source to comply with all other applicable requirements of the Clean Air Act and State air pollution control law. In addition to or in lieu of an administrative or judicial action that may result from violation of the permit and approval requirements of this chapter or COMAR 26.11.03, the Department may commence an administrative or judicial action authorized by law for violation of applicable requirements of the Clean Air Act or State air pollution control law.

Md. Code Regs. 26.11.02.05

Regulations .05 adopted effective May 8, 1995 (22:9 Md. R. 648)