1136

LAWS OF MARYLAND

Ch. 391

SHALL BE ASSESSED ONLY AFTER THE DEPARTMENT DETERMINES THAT
A VIOLATION DID OCCUR AND THE AMOUNT OF THE PENALTY WHICH IS
WARRANTED AND HAS ISSUED AN ORDER REQUIRING THE PENALTY BE
PAID. The civil penalty assessed MAY [shall be $500] NOT
EXCEED $5,000 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
general welfare, safety and health; and the effect of the
violation on the rate and effectiveness of reclamation of
the affected area.

(2) The civil penalty is payable to the State
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 moneys shall be credited
to the Bituminous Coal Open-Pit Mining Reclamation Fund.

(C) IF AN OPERATOR FAILS TO CORRECT A VIOLATION WITHIN
THE TIME FOR COMPLIANCE SPECIFIED BY A NOTICE OR ODER ISSUED
PURSUANT TO § 7-507(C) OR (D), THE SECRETARY SHALL ASSESS A
CIVIL PENALTY OF NOT LESS THAN $750 FOR EACH DAY DURING
WHICH THE VIOLATION CONTINUES.

7-517.1.

WHENEVER A CORPORATION VIOLATES ANY RULE OR REGULATION
PROMULGATED PURSUANT TO § 7-503, ANY PERMIT ISSUED PURSUANT
TO THIS SUBTITLE OR FAILS TO CORRECT A VIOLATION WITHIN THE
TIME SPECIFIED BY A NOTICE OR ORDER ISSUED PURSUANT TO §
7-507(C) OR (D), ANY OFFICER, DIRECTOR OR AGENT OF THE
CORPORATION WHO WILLFULLY AND KNOWINGLY AUTHORIZED, ORDERED
OR CARRIED OUT THE VIOLATION OR FAILURE SHALL BE SUBJECT TO
THE PENALTY PROVISIONS OF § 7-516(B) AND § 7-517(B) AND (C).

7-519.

(A)  NOTHING IN THIS SUBTITLE SHALL BE CONSTRUED AS
AFFECTING IN ANY WAY THE RIGHT OF ANY PERSON TO ENFORCE OR
PROTECT HIS INTEREST IN WATER RESOURCES AFFECTED BY OPEN-PIT
MINING.

(B)  THE OPERATOR OF AN OPEN-PIT MINE SHALL REPLACE THE
WATER SUPPLY OF AN OWNER OF INTEREST IN REAL PROPERTY WHO
OBTAINS ALL OR PART OF HIS SUPPLY OF WATER FOR DOMESTIC,
AGRICULTURAL, INDUSTRIAL, OR OTHER LEGITIMATE USE FROM AN
UNDERGROUND OR SURFACE SOURCE WHERE THE DEPARTMENT
DETERMINES THAT SUCH SUPPLY HAS BEEN AFFECTED BY
CONTAMINATION, DIMINUTION, OR INTERRUPTION PROXIMATELY
RESULTING FROM SUCH OPEN-PIT MINE OPERATIONS.