WILLIAM DONALD SCHAEFER, Governor Ch. 550

(i) The installation of erosion and sediment controls in accordance
with an approved plan;

(ii) Maintaining erosion and sediment controls in accordance with an
approved plan; and

(iii) The permanent restoration of the disturbed land to a stable
condition.

(3) The appropriate county, municipal, or State agency may recover a civil
penalty under paragraph (1) of this subsection on proof of costs as specified in
paragraph (2) of this subsection, without the necessity of proving that the agency
performed work or incurred expenses. However, if any person responsible has made the
required corrections within the time specified by a State, county, or municipal order,
the appropriate State, county, or municipal agency may recover a civil penalty under
this subsection in an amount equal to not more than 50 percent of the costs specified in
paragraph (2) of this subsection.

(4) Any county, municipal, or State agency that recovers [civil] penalties in
accordance with this [subsection] SUBTITLE shall deposit them in a special fund, to be
used solely for:

(i) Correcting to the extent possible the failure to implement or
maintain erosion and sediment controls; and

(ii) Administration of the sediment control program.

(d) If a county or municipality fails to enforce any provision of this subtitle, the
Department may request the Attorney General to take appropriate legal action to
correct the violation and to recover [civil] penalties OR FEES under [subsection (c) of]
this section.

(e) (1) In addition to any other remedies available at law or in equity and after
an opportunity for a hearing which may be waived in writing by the person accused of a
violation, the Department may impose a penalty for violation of any provision of this
subtitle or any regulation or plan adopted, approved, or issued under this subtitle.

(2) The penalty imposed on a person under this subsection shall be:

(i) Up to $1,000 for each violation, but not exceeding $20,000 total
for any action; and

(ii) Assessed with consideration given to:

1. The willfulness of the violation, the extent to which the

existence of the violation was known to but uncorrected by the violator, and the extent
to which the violator exercised reasonable care;

2. Any actual harm to the environment or to human health,

including injury to or impairment of the use of the waters of this State or the natural
resources of this State;

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