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Session Laws, 1963
Volume 671, Page 1700   View pdf image (33K)
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1700                            LAWS OF MARYLAND                       [CH. 806

so refusing resides or is situate shall have jurisdiction, upon applica-
tion of the Commissioner of the Department or the respondent, to
issue an order requiring such person to appear and testify or pro-
duce evidence, as the case may require. The testimony taken at the
hearing shall be under oath and recorded, and copies of any transcript
and of any other records made of such hearing shall be furnished to
the respondent upon
HIS REQUEST and at his expense.

(d) Information relating to secret processes or methods of manu-
facture or production may be withheld by any person from any public
hearing before the Council, and any such information which may be
required, ascertained or discovered by any inspector or other em-
ployee of the Department, or the Board or any member thereof or
Council or any member thereof shall be kept confidential.

700. 699.

(ViolationCivil Liability).

(a)  Any person who shall have been found by the Board after
hearing as provided in Section
699 698 hereof to have violated
any rule or regulation promulgated by the Board and who
shall not have taken such preventive or corrective measures as
shall be required by the Board in accordance with such Section,
and
any person who shall have been found by the Board to have violated

any order issued in accordance with the provisions of Section 696

hereof shall be liable for a penalty not to exceed the sum of five
hundred dollars ($500.00) for said violation and an additional pen-
alty of not to exceed two hundred dollars ($200.00) for each day
during which such violation continues, commencing on the first day
after the expiration of the time so fixed by the Board for the taking
of such preventive or corrective measure,
or, in the case of an order
issued pursuant to Section 696
hereof commencing on the date of the
order. Such penalties shall be recoverable in an action brought in the
name of the people of the State by the Attorney General in the Circuit
Court for the county in which the violation occurred, or in the Balti-
more City Court if the violation occurred in the City of Baltimore.
In addition thereto, such person may be enjoined from continuing
such violation as hereinafter provided.

(b)   Any action or cause of action for the recovery of a penalty
under this subtitle may be settled or compromised by the Attorney
General,
WITH THE CONCURRENCE OF THE BOARD, prior to
the entry of judgment therefor.

(c)    The civil liability which shall be imposed pursuant to the pro-
visions of this subtitle upon persons violating the provisions of any
rule or regulation or any order issued pursuant to Section 696 hereof
shall not be construed as to include any violation which was caused
by an Act of God, or strike, riot, catastrophe or other condition as
to which negligence or willful misconduct on the part of such person
was not the proximate cause.

701. 700.

(Injunctions).

If measures to prevent or correct air pollution which is
in violation of any rule or regulation promulgated by the
Board shall not be taken in accordance with the order of the Board,


 

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Session Laws, 1963
Volume 671, Page 1700   View pdf image (33K)
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