Md. Code Regs. 26.17.01.03 - Delegation of Enforcement Authority
A. A county, a municipality or the Commission
may seek delegation of enforcement authority from the Secretary to enforce
compliance with the provisions of the following:
(1) This chapter;
(2) An approved erosion control
ordinance;
(3) Approved erosion and
sediment control regulations; and
(4) Approved erosion and sediment control
plans.
B. Delegation.
(1) The Secretary shall grant delegation of
enforcement authority to a county, a municipality, or the Commission which
seeks delegation and is found capable of enforcing compliance with the
provisions of Regulation .09 of this chapter.
(2) A county, a municipality, or the
Commission seeking or renewing delegation of enforcement authority shall submit
a written request to the Secretary on or before October 1 immediately preceding
the State fiscal year for which delegation or renewal of delegation is
sought.
(3) The Secretary shall
make a determination in writing regarding a delegation request on or before
January 1 immediately preceding the State fiscal year for which delegation is
sought.
(4) If delegation is
granted, it is effective July 1 of that calendar year and for not more than 2
years, unless renewed by the Secretary .
(5) The Secretary may suspend delegation if a
program falls below the standard of effectiveness established in Regulation .09
of this chapter. During a period of suspension, the Department shall enforce
compliance in the jurisdiction.
Notes
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