Prerequisites to Department's exercise of authority

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    (a)    Except as provided in subsection (b) of this section, before the Department exercises its authority under § 4-109 or § 4-110 of this subtitle, the Department shall:

        (1)    Notify the delegated county or municipality of the violation and the Department’s intended action; and

        (2)    Provide reasonable opportunity for a joint inspection with a representative of the delegated county or municipality.

    (b)    If the Department determines that there is a substantial threat to the environment, the Department may take appropriate enforcement action without first providing a reasonable opportunity for a joint inspection under subsection (a)(2) of this section.


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