1. A. The Administration may take action, as follows, against a nonconforming or an illegal junkyard.

2. B. Action That May Be Taken.

   1. (1) Nonconforming Junkyards. In addition to actions that the Administration is required to take against nonconforming junkyards by Transportation Article, §8-809, Annotated Code of Maryland, and in order to avoid the necessity of taking action under that section, the Administration may take one of the following actions against a nonconforming junkyard:

      1. (a) If the junkyard is licensed, the Section may revoke its license;
      2. (b) The Administration may recycle the junk in any nonconforming portion of the junkyard and then close that portion.

   2. (2) Illegal Junkyards. When the Section determines that a junkyard is illegal, it may take either of the following legal actions:

      1. (a) It may apply, in the name of the Administration, to a court of equity in the county in which the illegal junkyard is located, for an injunction; or
      2. (b) It may apply, in the name of the Administration, to the State's Attorney for the county in which the illegal junkyard is located, to institute criminal proceedings in accordance with Transportation Article, §8-812(b), Annotated Code of Maryland.

Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), and 8-808, Annotated Code of Maryland

Effective date: September 14, 1977 (4:19 Md. R. 1470)

Chapter recodified from COMAR 11.04.13 to 11.04.08

Regulation .01B amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1963)

Regulation .02 amended effective September 3, 1990 (17:17 Md. R. 2082)

Regulation .04B amended effective December 18, 1995 (22:25 Md. R. 1963)