HARRY HUGHES, Governor

2565

(V) THE EFFECT OF THE VIOLATION ON
RECLAMATION OF THE AFFECTED AREA.

[(2)] (3) 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.

(4) WITHIN 30 DAYS FROM THE DATE OF AN
ASSESSMENT ORDER BY THE DEPARTMENT, THE PERSON CHARGED WITH
THE VIOLATION MAY REQUEST AN ADJUDICATORY HEARING IN
ACCORDANCE WITH ARTICLE 41 OF THE ANNOTATED CODE OF
MARYLAND; PROVIDED THAT, AT THE TIME OF THE REQUEST THE FULL
AMOUNT OF THE PENALTY MUST BE PAID OVER TO THE SECRETARY FOR
PLACEMENT IN AN ESCROW ACCOUNT PENDING COMPLETION OF
ADMINISTRATIVE AND JUDICIAL REVIEW OF THE ASSESSMENT.
FAILURE TO FORWARD THE FULL AMOUNT TO THE SECRETARY WITHIN
30 DAYS OF AN ASSESSMENT ORDER SHALL RESULT IN A WAIVER OF
ALL LEGAL RIGHTS TO CONTEST THE AMOUNT OF THE PENALTY OR THE
UNDERLYING VIOLATION. IF IT IS EVENTUALLY DETERMINED THAT
NO VIOLATION OCCURRED, OR THE AMOUNT OF THE PENALTY IS
REDUCED, THE SECRETARY SHALL REMIT WITHIN 30 DAYS THE
APPROPRIATE AMOUNT TO THE PERSON, WITH INTEREST AT THE RATE
OF 6 PERCENT.

(c) If an operator fails to correct a violation within
the time for compliance specified by a notice or order
issued [pursuant to] UNDER § 7-507(c) or [(d)] (E) OF THIS
SUBTITLE, the Secretary shall assess a civil penalty of not
less than $750 for each SUBSEQUENT day UP TO 30 DAYS
THEREAFTER during which the violation continues, AND MAY
ASSESS THE PENALTY BEYOND THAT TIME.

7-517.1.

Whenever a corporation violates any rule or regulation
promulgated [pursuant to] UNDER § 7-503 OF THIS SUBTITLE,
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] UNDER § 7-507(c) or [(d)] (E) OF
THIS SUBTITLE, 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)
OF THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect June 1, 1980.