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26.20.32.00.htm 26.20.32.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 20 SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM Chapter 32 Civil Penalties Authority: Environment Article, §15-503, Annotated Code of Maryland
26.20.32.01.htm 26.20.32.01. 01 General.. A. The Bureau may assess civil penalties upon the issuance of any notice of violation or cessation order, regardless of a person's subsequent efforts to comply with the requirements of the Regulatory Program.B. Civil penalties may be as much as $5,000 for each violation of the Regulatory Program. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments.C. Civil penalties shall be assessed whenever the
26.20.32.02.htm 26.20.32.02. 02 Procedure.. A. If the requirements of a notice of violation or cessation order are expected to be satisfied within 30 days of issuance, the Bureau will await the conclusion of the matter before instituting civil penalty procedures. If satisfactory compliance has not been achieved by that time the Bureau, in its discretion, may wait a further period, or assess a penalty for the first 30 days only, reserving the ability to impose further assessments until compliance is achieved.
26.20.32.03.htm 26.20.32.03. 03 Informal Review.. A. Within 30 days of the date a Notice of Proposed Assessment is served, the person against whom the penalty has been assessed may request an assessment conference at the Bureau regarding the amount of penalty.B. An assessment conference shall be informal in nature, and presided over by the Director of the Bureau or the Director's designee. The purpose of the conference is to discuss the amount of penalty only.C. The assessment conference shall be held within
26.20.32.04.htm 26.20.32.04. 04 Formal Review.. A. The person against whom the final penalty has been assessed may request formal review of the final assessment by submitting a petition and an amount equal to the final assessment to the Bureau within 30 days from receipt of the Notice of Final Assessment. The formal review hearing shall be conducted in accordance with COMAR 26.20.34. If the person has requested formal review of the underlying violation under COMAR 26.20.31.09, and the fact of
26.20.32.05.htm 26.20.32.05. 05 Penalty Assessment Criteria.. A. In determining the amount of penalty to be assessed for a violation of the Regulatory Program, the Bureau shall compute a separate figure from each of the following categories:1) History of previous violations at the same permit site;. 2) Seriousness of the violation;. 3) Negligence or willfulness of the violation;. 4) Effect of the violation; and. 5) Good faith in attempting to achieve compliance.. B. In determining the amo
26.20.32.06.htm 26.20.32.06. 06 Payment of Penalty Amount.. A. In all cases, civil penalty assessments shall be paid within 30 days of receipt of a Notice of Final Assessment. Failure to forward the full amount within this time shall result in a loss of any right to contest or otherwise appeal the penalty amount, or the violation on which the assessment is based.B. The Bureau shall place all penalty payments in escrow pending expiration of appeal deadlines or final resolution of any challenge to the violation
26.20.32.07.htm 26.20.32.07. 07 Individual Civil Penalties.. A. Definitions. For the purpose of this regulation, the following terms have the meanings indicated:. 1) "Knowingly" means that an individual knew or had reason to know in authorizing, ordering, or carrying out an act or omission on the part of a corporate permittee that the act or omission constituted a violation, failure, or refusal;2) "Violation, failure, or refusal" means a:.
26.20.32.9999.htm 26.20.32.9999. Administrative History Effective date:. Regulations .01―07 were previously codified as COMAR 08.13.09.41A―G, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01. ―Chapter recodified from COMAR 08.20.32 to COMAR 26.20.32, June 1996.
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