Sec. 26.10.16.07. Sanctions

A. Owners.

(1) If the Department determines a regulated substance storage facility is not in compliance with COMAR 26.10.02-.11 the Department shall document the deficiency.

(2) The Department shall require the owner of the facility to implement one or more of the following for a listed operator specified by the Department:

(a) Retraining and recertification under this chapter;

(b) Partial retraining in certain duties, skills, and knowledge areas in a manner specified by the Department; and

(c) On-site retraining in certain duties, skills, and knowledge areas by a Department representative.

(3) The owner shall submit written verification to the Department within 60 days of the Department's directive that retraining under §A(2) of this regulation is completed.

B. Operators.

(1) An operator certification obtained under this chapter may be suspended or revoked in accordance with State Government Article, §10-226(a) and (c), Annotated Code of Maryland.

(2) The Department may suspend or revoke the certification of a Class A, B, or C operator if one or more of the following occurs:

(a) The regulated substance storage facility where the operator is assigned demonstrates repeated violations and noncompliance with COMAR 26.10.02-.11; or

(b) The operator:

(i) Demonstrates noncompliance with Regulation .04 of this chapter;

(ii) Demonstrates disregard or repeated violations of COMAR 26.10.02-.11; or

(iii) Submits false information to the Department.

C. Certification Programs.

(1) The Department may deny an application for a certification program if the applicant has demonstrated a history of noncompliance with the provisions of COMAR 26.10.02-.11.

(2) The Department may suspend or revoke approval of a certification program if the program or a trainer for the program does one or more of the following:

(a) Demonstrates disregard or repeated violations of COMAR 26.10.02-.11; or

(b) Submits false information to the Department.

D. Revocation.

(1) An operator whose certification is revoked may not apply for a new certification for 2 years from the date of revocation.

(2) An owner shall surrender an operator certification document to the Department upon notification of suspension or revocation.

E. In addition to the sanctions provided by this regulation, a person violating a provision of this chapter shall be subject to sanctions under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, and any other sanctions provided by law.