2564

LAWS OF MARYLAND

Ch. 741

all times retain bonds in [the] AN amount sufficient to

insure completion of the reclamation plan by the Department

in the event of forfeiture which amount may not be less
than $10,000.

7-516.

(E) ANY PERSON WHO SHALL WILLFULLY RESIST PREVENT,
IMPEDE, OR INTERFERE WITH THE SECRETARY OR ANY OF HIS AGENTS
IN THE PERFORMANCE OF DUTIES UNDER THIS SUBTITLE SHALL BE
GUILTY OF A MISDEMEANOR, AND ON CONVICTION, IS SUBJECT TO A
FINE OF NOT MORE THAN $5,000 OR BY IMPRISONMENT FOR NOT MORE
THAN 1 YEAR OR BOTH.

7-517.

(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; AND SHALL BE
ASSESSED WHENEVER THE BUREAU ISSUES A CEASE AND DESIST ORDER
ON IMMINENT DANGER OR SIGNIFICANT IMMINENT ENVIRONMENTAL
HARM UNDER § 7-507(E) OF THIS SUBTITLE. The penalty may be
assessed by the Secretary of Natural Resources or a hearing
officer designated by the Secretary, only after the person
charged with the violation has been given an opportunity for
a public hearing IN ACCORDANCE WITH PARAGRAPH (4) OF THIS
SUBSECTION. Where the person charged with the violation
fails to request a public hearing, a civil penalty 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 not exceed $5,000 lor
each day of violation.

(2) 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.]:

(I)  THE WILLFULLNESS OF THE VIOLATION AND
WHETHER ANY NEGLIGENCE WAS INVOLVED;

(II)  THE SERIOUSNESS OF THE VIOLATION IN
TERMS OF POTENTIAL OR ACTUAL DAMAGE TO LAND AND STRUCTURES,
IRREPARABLE HARM TO THE ENVIRONMENT, OR HAZARD TO THE HEALTH
OR SAFETY OF THE PUBLIC;

(III)  THE HISTORY OF VIOLATIONS AT THE
PARTICULAR MINE SITE;

(IV)  ANY DEMONSTRATED GOOD FAITH BY THE
OPERATOR IN ATTEMPTING RAPID COMPLIANCE AFTER NOTIFICATION
OF THE VIOLATION; AND