Ch. 739                          MARVIN MANDEL, Governor                              1557

(c)  [Grounds for injunction.—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 without the necessity of showing a lack
of adequate remedy at law.]

CRIMINAL PENALTIES.--ANY PERSON WHO VIOLATES ANY OF
THE PROVISIONS OF, OR WHO FAILS TO PERFORM ANY DUTY
IMPOSED BY THIS SUBTITLE, OR ANY REGULATION OR ORDER
ISSUED HEREUNDER THE PROVISIONS OF ANY PERMIT OF THE
ADMINISTRATION MADE PURSUANT TO THIS SUBTITLE SHALL BE
GUILTY OF A MISDEMEANOR, AND UPON CONVICTION THEREOF,
SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
[[[[]]TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) [[]]] [[TEN.
THOUSAND ($10,000)]] OR BY IMPRISONMENT NOT TO EXCEED ONE
(1) YEAR, OR BOTH, AND IN ADDITION THERETO MAY BE
ENJOINED FROM CONTINUING THE VIOLATION. [[EACH DAY UPON
WHICH THE VIOLATION OCCURS CONSTITUTES A SEPARATE
OFFENSE.]] IF THE CONVICTION IS FOR A VIOLATION COMMITTED
AFTER A FIRST CONVICTION OF THE PERSON UNDER THIS
SUBSECTION, PUNISHMENT SHALL BE BY A FINE OF NOT MORE
THAN [[[]]]FIFTY THOUSAND DOLLARS ($50,000.00)[[]]]] [[TWENTY
THOUSAND DOLLARS ($20,000.00)]] PER DAY OF VIOLATION [[.]] OR
BY IMPRISONMENT NOT TO EXCEED TWO (2) YEARS OR BOTH AND
IN ADDITION THERETO MAY BE ENJOINED FROM CONTINUING
THE VIOLATION. EACH DAY UPON WHICH VIOLATION OCCURS
CONSTITUTES A SEPARATE OFFENSE.

(d)       [Order to correct violations; compliance therewith within one year;
extension of time for compliance.—In any case where a violation of any provision
of this subtitle has occurred and the existence of such violation has been finally
determined, the Department shall promptly issue an order requiring the correction
of each violation found to have occurred, and the Department shall secure
compliance with the provisions 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
within 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 Department from taking action against the
violator before the expiration of the aforementioned one-year period. Any court
having jurisdiction 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 allowed for the correction of a violation for one or more
additional one-year periods.]

DUTY OF ATTORNEY GENERAL TO PROSECUTE OR BRING
ACTION FOR INJUNCTION; FINDING OF ADMINISTRATION DEEMED
PRIMA FACIE EVIDENCE IN INJUNCTION PROCEEDINGS—IT SHALL
BE THE DUTY OF THE ATTORNEY GENERAL ON THE REQUEST OF
THE ADMINISTRATION 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 OR PERMIT ISSUED BY THE ADMINISTRATION.
IN ANY ACTION FOR AN INJUNCTION BROUGHT PURSUANT TO
THIS SECTION, ANY FINDING OF THE ADMINISTRATION AFTER