HARRY HUGHES, Governor                                2851

determined, the Department of Health and Mental Hygiene OR,
FOR PURPOSES OF § 8-1406 THROUGH § 8-1411.1 OF THIS
SUBTITLE, THE DEPARTMENT OF NATURAL RESOURCES, OR EITHER
DEPARTMENT WITH RESPECT TO SEDIMENT POLLUTION shall promptly
issue an order requiring the correction of each violation
found to have occurred, and the APPROPRIATE Department
DEPARTMENT shall secure compliance with the provisions of
the order. If the terms of the order are violated or if the
violation has not been corrected within the time specified
in the order, the violation shall be referred to the
Attorney General, who, in addition to any other action taken
or which he elects to take against the violator, shall take
appropriate legal action to require correction of the
violation. This subsection does not prevent the Attorney
General or the APPROPRIATE Department DEPARTMENT [of Health
and Mental Hygiene] from taking action against the violator
before the expiration of the time limitations or schedules
in the order.

8-1415.

(b) Upon a showing by the Attorney General in behalf
of the Department of Health and Mental Hygiene OR, FOR
PURPOSES OF § 8-1406 THROUGH § 1411.1 OF THIS SUBTITLE, THE
DEPARTMENT OF NATURAL RESOURCES, OR EITHER DEPARTMENT WITH
RESPECT TO SEDIMENT POLLUTION 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] THAT Department DEPARTMENT, an injunction
shall be granted without the necessity of showing a lack of
adequate remedy at law. In circumstances of emergency
creating conditions of imminent danger to the public health,
welfare or the environment the Attorney General, on behalf
of the APPROPRIATE Department DEPARTMENT [of Health and
Mental Hygiene], may institute a civil action for an
immediate injunction to halt any pollution or other activity
causing the danger.

8-1416.

(b) Any person who violates any of the provisions of,
or who fails to perform any duty imposed by this subtitle,
or any regulation or order issued under it, or the
provisions of any permit of the Department of Health and
Mental Hygiene OR THE DEPARTMENT OF NATURAL RESOURCES made
pursuant to this subtitle is guilty of a misdemeanor and
upon conviction, is subject to a fine not exceeding $25,000
or by imprisonment not exceeding one year, or both, and, in
addition, may be enjoined from continuing the violation. If
the conviction is for a violation committed after a first
conviction of the person under this subsection, punishment
shall be by a fine of not more than $50,000 per day of
violation or by imprisonment not exceeding two years or
both, and in addition, the person may be enjoined from
continuing the violation. Each day upon which violation
occurs constitutes a separate offense.