Section 15-528 - Civil actions. - Maryland Statutes

§ 15-528. Civil actions.
 

(a)  Person having adversely affected interest.- Except as provided in subsection (b) of this section, any person, as defined in this subtitle, who has an interest that is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this subtitle: 

(1) Against the Department if there is alleged a failure of the Department to perform any act or duty under this subtitle that is not discretionary; or 

(2) Against any other person who is alleged to be in violation of any rule, regulation, order, or permit issued under this subtitle. 

(b)  Limitations on actions by individuals.- An action may not be commenced under subsection (a) of this section: 

(1) Prior to 60 days after the plaintiff has given notice in writing of the alleged violation to the Department, the Attorney General, and to any alleged violator; provided that, the action may be brought immediately if the alleged violation constitutes an imminent threat to the health or safety of the plaintiff, or would immediately affect a legal interest of the plaintiff; or 

(2) If the Department or the State has commenced and is diligently prosecuting a civil action to require compliance under this subtitle, but any person may intervene in the action as a matter of right. 

(c)  Intervention by Secretary of the Interior.- The Secretary of the United States Department of Interior may intervene as a matter of right in any action brought under this subtitle. 

(d)  Conflict of laws.- This section is intended to be read in conjunction with and to supplement the provisions of Subtitle 5 of Title 1 of the Natural Resources Article (Environmental Standing Act), but in the event of any conflict, the requirements of this section shall prevail. 
 

[1981, ch. 158, § 3; 1995, ch. 488, § 2.]