HARRY HUGHES, Governor                              2223

REVISOR'S NOTE: This section formerly appeared as NR §
8-1416(e).

In subsection (b) of this section, the former
reference to the Department's findings being "on
the basis of information available to it" is
deleted as unnecessary.

The only other changes are in style.

9-342. CIVIL PENALTIES.

(A)  CIVIL ACTION.

IN ADDITION TO BEING SUBJECT TO AN INJUNCTIVE ACTION
UNDER THIS SUBTITLE, A PERSON WHO VIOLATES ANY PROVISION OF
THIS SUBTITLE OR OF ANY RULE, REGULATION, ORDER, OR PERMIT
ADOPTED OR ISSUED UNDER THIS SUBTITLE IS LIABLE TO A CIVIL
PENALTY NOT EXCEEDING $10,000, TO BE COLLECTED IN A CIVIL
ACTION BROUGHT BY THE DEPARTMENT. EACH DAY A VIOLATION
OCCURS IS A SEPARATE VIOLATION UNDER THIS SECTION.

(B)  ADMINISTRATIVE ACTION.

(1) IN ADDITION TO ANY OTHER REMEDIES AVAILABLE
AT LAW OR IN EQUITY AND AFTER A HEARING AT WHICH A VIOLATION
IS FOUND TO EXIST, THE DEPARTMENT MAY IMPOSE A PENALTY FOR
VIOLATION OF ANY PROVISION OF THIS SUBTITLE OR ANY RULE,
REGULATION, ORDER, OR PERMIT ADOPTED OR ISSUED UNDER THIS
SUBTITLE.

(2) THE PENALTY IMPOSED UNDER THIS SUBSECTION
SHALL BE:

(I) UP TO $500 FOR EACH DAY OF VIOLATION,
BUT NOT EXCEEDING $10,000 TOTAL; AND

(II) ASSESSED WITH CONSIDERATION GIVEN TO:
1. THE WILLFULNESS OF THE VIOLATION;

2. THE DAMAGE TO, INJURY TO, AND
IMPAIRMENT OF THE USE OF THE WATERS OF THIS STATE;

3. THE COST OF CLEAN UP;

4. THE NATURE AND DEGREE OF INJURY
TO OR INTERFERENCE WITH GENERAL WELFARE, HEALTH, AND
PROPERTY;

5. THE SUITABILITY OF THE WASTE
SOURCE TO ITS GEOGRAPHIC LOCATION, INCLUDING PRIORITY OF
LOCATION;

6. THE AVAILABLE TECHNOLOGY AND