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Session Laws, 1970
Volume 695, Page 559   View pdf image
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Marvin Mandel, Governor                         559

conviction thereof, shall be punished by fine of not more than ten
thousand dollars ($10,000.00) or by imprisonment not to exceed
one (1) year, or both, and in addition thereto may be enjoined from
continuing such violation. Each day upon which such violation oc-
curs shall constitute a separate offense.

(b)    It shall be the duty of the Attorney General on the re-
quest of the Department to prosecute such criminal cases or to bring
an action for an injunction against any person violating the pro-
visions of this Subtitle, or violating any valid order of the Depart-
ment. In any action for an injunction brought pursuant to this sec-
tion, any finding of the Department after hearing shall be prima
facie evidence of the fact or facts found therein.

(c)    Upon a showing by the Attorney General in behalf of the
Department that any person is violating or is about to violate the
provisions of this Subtitle or is violating or is about to violate any
valid order of the Department, an injunction shall be granted with-
out the necessity of showing a lack of adequate remedy at law.

(D) IN ANY CASE WHERE A VIOLATION OF ANY PRO-
VISION OF THIS SUBTITLE HAS OCCURRED AND THE EX-
ISTENCE OF SUCH VIOLATION HAS BEEN FINALLY DE-
TERMINED, THE DEPARTMENT SHALL PROMPTLY ISSUE
AN ORDER REQUIRING THE CORRECTION OF EACH VIO-
LATION FOUND TO HAVE OCCURRED, AND THE DEPART-
MENT SHALL SECURE COMPLIANCE WITH THE PROVI-
SIONS OF SUCH ORDER WITHIN ONE (1) YEAR FROM
THE DATE OF SERVICE THEREOF ON THE VIOLATOR.
IF THE VIOLATION HAS NOT BEEN CORRECTED AND A
PLAN FOR COMPLIANCE SUBMITTED BY THE VIOLATOR
HAS NOT BEEN APPROVED BY THE DEPARTMENT WITH-
IN THE AFOREMENTIONED ONE-YEAR PERIOD, THE
VIOLATION SHALL BE REFERRED TO THE ATTORNEY
GENERAL IMMEDIATELY AFTER THE EXPIRATION OF
THE ONE-YEAR PERIOD, WHO SHALL THEREUPON, AND
IN ADDITION TO ANY OTHER ACTIONS WHICH HE MAY
HAVE TAKEN OR WHICH HE MAY ELECT TO TAKE
AGAINST THE VIOLATOR, TAKE APPROPRIATE LEGAL
ACTION TO REQUIRE CORRECTION OF THE VIOLATION.
NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED
TO PREVENT THE ATTORNEY GENERAL OR THE DE-
PARTMENT FROM TAKING ACTION AGAINST THE VIO-
LATOR BEFORE THE EXPIRATION OF THE AFOREMEN-
TIONED ONE-YEAR PERIOD. ANY COURT HAVING JURIS-
DICTION OF AN ACTION FOR AN INJUNCTION BROUGHT
UNDER THE PROVISIONS OF THIS SUBTITLE SHALL
HAVE THE DISCRETION, BASED UPON THE PARTICULAR
FACTS OF EACH CASE, TO EXTEND THE TIME PERIOD AL-
LOWED FOR THE CORRECTION OF A VIOLATION FOR ONE
OR MORE ADDITIONAL ONE-YEAR PERIODS.

28B.

This Subtitle shall not be construed as repealing any law of the
State relating to the pollution of waters thereof or any conservation
laws, but shall be held and construed as auxiliary and supplemen-
tary thereto, except to the extent that the same are in direct con-
flict herewith. It is the purpose of this Act to provide additional


 

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Session Laws, 1970
Volume 695, Page 559   View pdf image
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