44

LAWS OF MARYLAND

Ch. 2

public health, welfare or the environment the Attorney
General, on behalf of the appropriate department, may
institute a civil action for an immediate injunction to halt
any pollution or other activity causing the danger.

8-1416.

(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] § 8-1411.1
of this subtitle, the Secretary of Natural Resources, 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 to
be used to assure and maintain an adequate record of any
discharge to the waters of the State.

10-308.1.

(e) (1) All revenues accruing from sales of the
Maryland migratory wild waterfowl stamp, less an amount not
to exceed 10 percent of gross revenue or the actual
administrative costs of producing and distributing the
stamps, shall be expended solely for the propagation or
purchase, and distribution, of mallard or other ducks to be
released pursuant to regulations adopted by the Department.

(2)  Under the program established by this
subsection, a duck may not be released under the age of 6
weeks.

(3)  The Governor shall appoint an advisory
committee of nine members who have a practical knowledge in
raising wild ducks. Members may be appointed from the
following organizations: