1556                                   LAWS OF MARYLAND                                Ch. 739

AREAS AND MAY (2) APPLY TO SOURCES LOCATED OUTSIDE THIS
STATE WHICH CAUSE, CONTRIBUTE TO, OR THREATEN
ENVIRONMENTAL DAMAGE IN MARYLAND AND MAY (3) MAKE
SPECIAL PROVISIONS FOR ALERT AND ABATEMENT STANDARDS
AND PROCEDURES RESPECTING OCCURRENCES OR EMERGENCIES
OF POLLUTION OR ON OTHER SHORT-TERM CONDITIONS
CONSTITUTING AN ACUTE DANGER TO HEALTH OR TO THE
ENVIRONMENT.

28A.

(a) [Generally.—Any person who shall violate any of the provisions of, or who
fails to perform any duty imposed by, this subtitle or regulation issued hereunder
or who violates any order of the Department made pursuant to this subtitle shall
be guilty of a misdemeanor, and upon 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 occurs shall
constitute a separate offense.]

ORDER TO CORRECT VIOLATIONS; COMPLIANCE THEREWITH;
EXTENSION OF TIME FOR COMPLIANCE.--IF A VIOLATION OF ANY
PROVISION OF THIS SUBTITLE HAS OCCURRED AND THE
EXISTENCE OF THE VIOLATION HAS BEEN FINALLY DETERMINED,
THE ADMINISTRATION SHALL PROMPTLY ISSUE AN ORDER
REQUIRING THE CORRECTION OF EACH VIOLATION FOUND TO
HAVE OCCURRED, AND THE ADMINISTRATION SHALL SECURE
COMPLIANCE WITH THE PROVISIONS OF THE ORDER. IF THE
TERMS OF THE ORDER ARE VIOLATED OR IF THE VIOLATION HAS
NOT BEEN CORRECTED WITHIN THE TIME SPECIFIED IN THE
ORDER, THE VIOLATION SHALL BE REFERRED TO THE ATTORNEY
GENERAL, 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 ADMINISTRATION
FROM TAKING ACTION AGAINST THE VIOLATOR BEFORE THE
EXPIRATION OF THE TIME LIMITATIONS OR SCHEDULES IN THE
ORDER.

(b) [Duty of Attorney General to prosecute or bring action for injunction; finding
of Department deemed prima facie evidence in injunction proceedings.--It shall
be the duty of the Attorney General on the request of the Department to
prosecute such criminal cases or to bring an action for an injunction against any
person violating the provisions of this subtitle, or violating any valid order of
the Department. In any action for an injunction brought pursuant to this
section, any finding of the Department after hearing shall be prima facie
evidence of the fact or facts found therein.] CIVIL ACTION.--ANY PERSON
WHO VIOLATES ANY PROVISION OF THIS SUBTITLE, OR ANY
RULE, REGULATION, ORDER, OR PERMIT ISSUED PURSUANT
THERETO, SHALL BE LIABLE FOR A PENALTY NOT TO EXCEED
[[[[]]TEN THOUSAND DOLLARS ($10,000.00) [[]]] [[FIVE
THOUSAND DOLLARS ($5,000)]] FOR THE VIOLATION, WHICH
MAY BE RECOVERED IN A CIVIL ACTION, AND THE PERSON MAY
BE ENJOINED FROM CONTINUING THE VIOLATION, AS
HEREINAFTER PROVIDED. EACH DAY UPON WHICH THE
VIOLATION OCCURS CONSTITUTES A SEPARATE OFFENSE.