2224                                  LAWS OF MARYLAND                                Ch. 240

ECONOMIC REASONABLENESS OF CONTROLLING, REDUCING, OR
ELIMINATING THE WASTE; AND

7. OTHER RELEVANT FACTORS.

(3) ANY PENALTY IMPOSED UNDER THIS SUBSECTION IS
PAYABLE TO THIS STATE AND COLLECTIBLE IN ANY MANNER PROVIDED
AT LAW FOR THE COLLECTION OF DEBTS.

(4) IF ANY PERSON WHO IS LIABLE TO PAY A PENALTY
IMPOSED UNDER THIS SUBSECTION FAILS TO PAY IT AFTER DEMAND,
THE AMOUNT, TOGETHER WITH INTEREST AND ANY COSTS THAT MAY
ACCRUE, SHALL BE:

(I) A LIEN IN FAVOR OF THIS STATE ON ANY
PROPERTY, REAL OR PERSONAL, OF THE PERSON; AND

(II) RECORDED IN THE OFFICE OF THE CLERK
OF COURT FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED.

(5) ANY PENALTY COLLECTED UNDER THIS SUBSECTION
SHALL BE PLACED IN A SPECIAL FUND TO BE USED FOR MONITORING
AND SURVEILLANCE BY THE DEPARTMENT TO ASSURE AND MAINTAIN AN
ADEQUATE RECORD OF ANY DISCHARGE INTO THE WATERS OF THIS
STATE.

REVISOR'S NOTE: This section is new language patterned
after NR § 8-1416(a) and (d).

In subsection (b)(2)(i) of this section, the
words "up to" are new language added in
accordance with actual practice and apparent
legislative intent. The attention of the General
Assembly is called to this addition.

9-343. CRIMINAL PENALTIES.

(A) VIOLATING SUBTITLE, RULES, REGULATIONS, ORDERS, OR
PERMITS.

(1) A PERSON WHO VIOLATES ANY PROVISION OF OR
FAILS TO PERFORM ANY DUTY IMPOSED BY THIS SUBTITLE, OR WHO
VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY
IMPOSED BY A RULE, REGULATION, ORDER, OR PERMIT ADOPTED OR
ISSUED UNDER THIS SUBTITLE, IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO:

(I) FOR A FIRST OFFENSE, A FINE NOT
EXCEEDING $25,000 OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR
BOTH; OR

(II) IF THE CONVICTION IS FOR A VIOLATION
COMMITTED AFTER A FIRST CONVICTION OF THE PERSON UNDER THIS
SUBSECTION, A FINE NOT EXCEEDING $50,000 FOR EACH DAY OF

VIOLATION OR IMPRISONMENT NOT EXCEEDING 2 YEARS OR BOTH.