1558                                     LAWS OF MARYLAND                                 Ch. 739

HEARING SHALL BE PRIMA FACIE EVIDENCE OF THE FACT OR
FACTS FOUND THEREIN.

(E)   GROUNDS FOR INJUNCTION.--UPON A SHOWING BY THE
ATTORNEY GENERAL IN BEHALF OF THE ADMINISTRATION 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 OR PERMIT ISSUED BY THE
ADMINISTRATION, AN INJUNCTION SHALL BE GRANTED WITHOUT
THE NECESSITY OF SHOWING A LACK OF ADEQUATE REMEDY AT
LAW.

(F)     EMERGENCIES.--IN CIRCUMSTANCES OF EMERGENCY
CREATING CONDITIONS OF IMMINENT DANGER TO THE PUBLIC
HEALTH, WELFARE OR THE ENVIRONMENT THE ATTORNEY
GENERAL, ON BEHALF OF THE ADMINISTRATION, MAY INSTITUTE
A CIVIL ACTION FOR AN IMMEDIATE INJUNCTION TO HALT ANY
POLLUTION OR OTHER ACTIVITY CAUSING THE DANGER. [[THE
COURT MAY ISSUE AN EX PARTE INJUNCTION AND SHALL
SCHEDULE A HEARING ON THE MATTER WITHIN THREE (3)
WORKING DAYS FROM THE DATE OF INJUNCTION.]]

(G)  SECRETARY OF NATURAL RESOURCES MAY ASSESS CIVIL
PENALTIES.-IN ADDITION TO ANY OTHER REMEDIES AVAILABLE
AT LAW OR IN EQUITY, A CIVIL PENALTY MAY BE ASSESSED FOR
VIOLATION OF ANY PROVISIONS OF THIS SUBTITLE, OR RULES,
REGULATIONS, ORDERS OR PERMITS ISSUED PURSUANT
THERETO. THE PENALTY MAY BE ASSESSED BY THE SECRETARY
OF NATURAL RESOURCES OR A HEARING OFFICER DESIGNATED
IN WRITING BY THE SECRETARY, AFTER A HEARING AT WHICH IT
IS DETERMINED THAT A VIOLATION EXISTS. THE CIVIL PENALTY
SO ASSESSED SHALL BE [[[[]]FIVE HUNDRED DOLLARS
($500.00)[[]]]] [[TWO HUNDRED FIFTY DOLLARS ($250.00)]] FOR
EACH DAY OF VIOLATION, NOT TO EXCEED A TOTAL SUM OF
[[[[]]TEN THOUSAND DOLLARS ($10,000.00)[[]]]] [[FIVE THOUSAND
DOLLARS ($5,000)]]; CONSIDERATION SHALL BE GIVEN TO THE
WILLFULNESS OF THE VIOLATION; TO THE DAMAGE OR INJURY
TO THE WATERS OF THE STATE OR THE IMPAIRMENT OF ITS USES;
TO THE COST OF CLEAN-UP; TO THE NATURE AND DEGREE OF
INJURY TO OR INTERFERENCE WITH GENERAL WELFARE,
HEALTH, AND PROPERTY; TO THE SUITABILITY OF THE WASTE
SOURCE TO ITS GEOGRAPHIC LOCATION, INCLUDING PRIORITY OF
LOCATION; TO THE AVAILABLE TECHNOLOGY AND ECONOMIC
REASONABLENESS OF CONTROLLING, REDUCING, OR
ELIMINATING THE WASTE; AND OTHER RELEVANT FACTORS. IT
SHALL BE PAYABLE TO THE STATE OF MARYLAND AND
COLLECTIBLE IN ANY MANNER PROVIDED AT LAW FOR THE
COLLECTION OF DEBTS. IF ANY PERSON LIABLE TO PAY THE
PENALTY NEGLECTS OR REFUSES TO PAY IT AFTER DEMAND, THE
AMOUNT, TOGETHER WITH INTEREST AND ANY COSTS THAT MAY
ACCRUE, SHALL BE A LIEN IN FAVOR OF THE STATE UPON THE
PROPERTY, BOTH REAL AND PERSONAL, OF THE PERSON AND
SHALL BE RECORDED IN THE CLERK OF COURT'S OFFICE FOR THE
POLITICAL SUBDIVISION IN WHICH THE PROPERTY IS LOCATED.
THE MONIES SHALL BE PLACED IN A SPECIAL FUND TO BE USED
FOR [[THE PURCHASE OF]] MONITORING [[EQUIPMENT]] AND
SURVEILLANCE BY THE ADMINISTRATION TO BE USED TO ASSURE
AND TO MAINTAIN AN ADEQUATE RECORD OF ANY DISCHARGE