COMAR 26.10.02.05. Violations and Hearing Rights

A. The provisions of this regulation apply to an owner and an operator of a UST system regulated under COMAR 26.10 .

B. If the Department determines that an owner and an operator of a UST system violated a provision of this chapter or Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland , the Department shall comply with the violation procedures specified under COMAR 26.10.01.24 and Environment Article, §4-412, Annotated Code of Maryland .

C. In addition to the violation procedures identified under §B of this regulation , if the UST system is a hazardous substance UST system from which a release of a hazardous substance has occurred, the Department shall conduct any applicable enforcement actions under Environment Article, Title 7, Subtitle 2, Part VIII, Annotated Code of Maryland.

D. Contested Case Hearings.

(1) In addition to any other contested case hearing rights provided under this chapter, an owner and an operator of a UST system shall:

(a) Have the contested case hearing rights provided under COMAR 26.10.01.24B and Environment Article, §4-412, Annotated Code of Maryland ; and

(b) In the case of a release of a hazardous substance from a UST system, have the contested case hearing rights provided under Environment Article, §7-261, Annotated Code of Maryland .

(2) The Department shall conduct a contested case hearing in accordance with the provisions under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland .

E. Judicial Review. A person aggrieved by an order issued by the Department may obtain immediate judicial review under the provisions of State Government Article, §§ 10-222 and 10-223 , Annotated Code of Maryland and the Maryland Rules.