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Terms Used In Maryland Code, ENVIRONMENT 7-263

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(a) The Department may bring an action for an injunction against any person who violates any provision of this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued by the Department under this subtitle.

(b) In any action for an injunction under this section, any finding of the Department after a hearing is prima facie evidence of each fact the Department determines.

(c) On a showing that any person is violating or is about to violate this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued by the Department, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.

(d) If an emergency exists from imminent danger to the public health, to the public welfare, or to the environment, the Department may sue for an immediate injunction to stop the activity that is causing the danger.