Marvin Mandel, Governor                            565

dures set out in this section prior to enforcement of this subtitle by
injunctive relief or civil penalty as provided hereinafter in Section
70S of this subtitle.

70S. Violations and Enforcement.

(a)  Injunctive Relief.—If any person violates the provisions of
this subtitle or any standard, rule or regulation or order promul-
gated or issued under this subtitle, the Department may institute
an action for injunctive relief to prohibit or prevent such violations.

(b)  Civil Penalty.—Any person who violates the provisions of this
subtitle or any standard, rule or regulation or order promulgated
or issued pursuant to this subtitle shall be liable to a civil penalty
of not more than $10,000 to be collected in a civil action brought
in the Circuit Court of any county or of Baltimore City. Such
action may be brought in conjunction with, and be included in, any
com/plaint for injunctive relief or may be brought separately at
the option of the Department. Each day during which a violation
continues shall be a separate violation under this section.

(c)  Compromise of Civil Penalty.—With the concurrence and
approval of the Attorney General, the Secretary is hereby author-
ized and empowered to compromise and settle any claim for penalty
in such a manner as may appear appropriate and equitable under
all circumstances, including a rebate of any such penalty paid to
the extent of 75 percent thereof where the person against whom
such penalty is asserted satisfies the Department within one year
that the violation has been eliminated or removed or that the order
has been met or satisfied as the case may be.

(d)  Plans for Compliance.—Any violator who has submitted a
plan for compliance with any provision of this subtitle or rule or
regulation promulgated pursuant thereto and has had that plan or
amendments to it approved by the Secretary upon the recommen-
dation of the Division of Air Quality Control shall not be consid-
ered to be in violation of such provision of this subtitle or rule
or regulation promulgated pursuant thereto as long as he acts in
accordance with the original or amended plan. The Secretary shall
act upon any plan within ninety (90) days after such plan has been
submitted to him.

(e)   Violations Caused By Certain Conditions Excepted.—Viola-
tions of any standards or rules or regulations adopted under this
subtitle shall not be construed to include any violation which was
caused by an act of God, strike, riot, catastrophe, or any condition
over which the alleged violator has no control.

705.    County or Municipal Ordinances.

(a) Nothing in this subtitle shall preclude the right of any county
or municipality to adopt ordinances or regulations providing for
emissions control requirements and standards provided that said
ordinances or regulations are no less stringent than those embodied
in State regulations promulgated pursuant to this act. AND THE
MORE STRINGENT REGULATIONS SHALL BE APPLIED.

706.    Permits and Registration.

The Department may require by regulation that before any per-
son either builds, erects, alters, replaces, operates, sells, rents, or