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Report - Maryland Department of the Environment

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C. This guidance is not intended for use under circumstances in which <strong>the</strong> violation(s)<br />

at issue would result in <strong>the</strong> regulated entity gaining an economic advantage over its<br />

competitors.<br />

D. This guidance does not affect individual liability for criminal misconduct.<br />

E. This guidance does not apply to liability under a judicial or administrative order,<br />

consent agreement, order or decree, complaint, notice <strong>of</strong> violation, conviction or<br />

plea agreement.<br />

F. Relief under this guidance shall not be available if <strong>the</strong> <strong>Department</strong> receives formal<br />

notification from <strong>the</strong> delegating federal agency <strong>of</strong> that agency’s intention to propose<br />

rescission <strong>of</strong> <strong>the</strong> <strong>Department</strong>’s authority over <strong>the</strong> applicable federal environmental<br />

program.<br />

Original signed by Secretary Philbrick May 15, 2006<br />

Kendl P. Philbrick Date<br />

Secretary, <strong>Maryland</strong> <strong>Department</strong> <strong>of</strong><br />

<strong>the</strong> <strong>Environment</strong><br />

MDE FY 2009 Annual Enforcement and Compliance <strong>Report</strong> 176

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