HARRY HUGHES, Governor

3559

8-1416. Penalties.

(b) Criminal action; injunctive relief; each day
separate offense. — 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 [Administration]
DEPARTMENT OF HEALTH AND MENTAL HYGIENE 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.

(d) Secretary of [Natural Resources] HEALTH AND MENTAL
HYGIENE may assess civil penalties. — 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 [Natural Resources] HEALTH AND MENTAL HYGIENE
or a hearing officer designated in writing by the 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 [administration]
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.