2852                                 LAWS OF MARYLAND                               Ch. 815

(d) In addition to any other remedies available at law
or in equity, a civil penalty may be assessed for violation
of any provisions of this subtitle, or rules, regulations,
orders or permits issued pursuant thereto. The penalty may
be assessed by the Secretary of Health and Mental Hygiene
OR, FOR PURPOSES OF § 8-1406 THROUGH § 1411.1 OF THIS
SUBTITLE, THE SECRETARY OF NATURAL RESOURCES, OR EITHER
SECRETARY WITH RESPECT TO SEDIMENT POLLUTION, or a hearing
officer designated in writing by the APPROPRIATE 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;
consideration shall be given to the willfulness of the
violation; to the damage or injury to the waters of the
State or the impairment of its uses; to the cost of
clean-up; to the nature and degree of injury to or
interference with general welfare, health, and property; to
the suitability of the waste source to its geographic
location, including priority of location; to the available
technology and economic reasonableness of controlling,
reducing, or eliminating the waste; and other relevant
factors. It 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 placed in a special fund to be used for
monitoring and surveillance by the APPROPRIATE Department
DEPARTMENT [of Health and Mental Hygiene] to be used to
assure and maintain an adequate record of any discharge to
the waters of the State.

Article 25 - County Commissioners

171.

The county commissioners shall, at their first meeting
after receiving such petition and report, examine them, and
if they are found not to be in due form and in accordance
with the law they shall be referred back to the petitioners
to be corrected and returned to the county commissioners at
a subsequent meeting. If the petition and report are found
to be in due form and in accordance with the law, the county
commissioners shall appoint a day for a public hearing upon
the report and petition and shall give not less than ten
days' notice of the time and place of the hearing. Such
notice shall be published in a newspaper or newspapers
having a general circulation in the county or counties in
which the lands in the watershed association are located.
During this time a copy of the report shall be on file in
the office of the clerk of county commissioners, and shall
be open to the inspection of any landowners or other person
interested, and the notices shall so state. A notice of
this and all subsequent hearings shall be sent to the State