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2017
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MARVIN MANDEL, Governor
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CHAPTER 309
(Senate Bill 269)
AN ACT concerning
Strip Mining — Penalties
FOR the purpose of providing for the enjoining of
violations of the strip mining laws and rules,
regulations, and orders pursuant to them and for the
assessment of civil penalties for violations of
those laws, rules, regulations, and orders.
BY adding to
Article - Natural Resources
Section 7-517
Annotated Code of Maryland
(1974 Volume and 1976 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 7-517 be and it is hereby
added to Article — Natural Resources, of the Annotated
Code of Maryland (1974 Volume and 1976 Supplement) to
read as follows:
Article - Natural Resources
7-517.
(A) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBTITLE, OR ANY EXISTING RULE, REGULATION, ORDER, OR
PERMIT ISSUED PURSUANT THERETO, SHALL BE LIABLE FOR A
PENALTY NOR NOT EXCEEDING $10,000 FOR THE VIOLATION,
WHICH MAY BE RECOVERED IN A CIVIL ACTION, AND THE PERSON
MAY BE ENJOINED FROM CONTINUING THE VIOLATION, AS
PROVIDED BY THIS SUBTITLE. EACH DAY UPON WHICH THE
VIOLATION OCCURS CONSTITUTES A SEPARATE OFFENSE.
(B) (1) IN ADDITION TO ANY OTHER REMEDIES
AVAILABLE AT LAW OR IN EQUITY, A CIVIL PENALTY MAY BE
ASSESSED FOR VIOLATION OF ANY PROVISION OF THIS SUBTITLE,
OR RULE, REGULATION, ORDER OR PERMIT ISSUED UNDER IT.
THE PENALTY MAY BE ASSESSED BY THE SECRETARY OF NATURAL
RESOURCES OR A HEARING OFFICER DESIGNATED BY THE
SECRETARY, AFTER A HEARING AT WHICH IT IS DETERMINED THAT
A VIOLATION EXISTS. THE CIVIL PENALTY ASSESSED SHALL BE
$500 FOR EACH DAY OF VIOLATION, NOT EXCEEDING A TOTAL SUM
OF $10,000. IN DETERMINING WHETHER OR NOT TO SEEK
ASSESSMENT OF A CIVIL PENALTY, THE DEPARTMENT SHALL
CONSIDER THE WILFULNESS OF THE VIOLATION; THE NATURE AND
EXTENT OF THE DAMAGE OR POTENTIAL DAMAGE TO LAND AND
STRUCTURES INCLUDING ADJACENT LAND AND STRUCTURES, AND
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