WILLIAM DONALD SCHAEFER, Governor Ch. 673

ADDITION TO ANY OTHER SANCTION UNDER THIS SUBTITLE, the
Department or the Department of Natural Resources, as appropriate, or a political
subdivision may bring a civil action against any person for any violation of this subtitle
OR ANY REGULATION OR STORMWATER MANAGEMENT PLAN ADOPTED
OR APPROVED UNDER THIS SUBTITLE. The action may seek the imposition of a
civil penalty of not more than [$5,000] $10,000 against the person, an injunction to
prohibit the person from continuing the violation or both.

(d) For purposes of a civil action brought under subsection (c), each day during
which a violation continues constitutes a separate offense.

(E) (1) IN ADDITION TO ANY OTHER REMEDIES AVAILABLE AT
LAW 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
OR APPROVED 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;

3. THE COST OF CLEANUP AND THE COST OF
RESTORATION OF NATURAL RESOURCES;

4. THE NATURE AND DEGREE OF INJURY TO OR
INTERFERENCE WITH GENERAL WELFARE, HEALTH, AND PROPERTY;

5. THE EXTENT TO WHICH THE LOCATION OF THE

VIOLATION, INCLUDING LOCATION NEAR WATERS OF THIS STATE OR
AREAS OF HUMAN POPULATION, CREATES THE POTENTIAL FOR HARM
TO THE ENVIRONMENT OR TO HUMAN HEALTH OR SAFETY;

6. THE AVAILABLE TECHNOLOGY AND ECONOMIC

REASONABLENESS OF CONTROLLING, REDUCING, OR ELIMINATING THE
VIOLATION;

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