HARRY HUGHES, Governor

2493

(b) Upon a showing by the Attorney General in behalf
of the [Department of Health and Mental Hygiene or, for
purposes of § 8-1406 through § 8-1411.1 of this subtitle,
the] Department [of Natural Resources,] that any person is
violating or is about to violate the provisions of this
subtitle or is violating or is about to violate any valid
order or permit issued by [that department] THE DEPARTMENT,
an injunction shall be granted without the necessity of
showing a lack of adequate remedy at law. In circumstances
of emergency creating conditions of imminent danger to the
public health, welfare or the [environment] ENVIRONMENT, the
Attorney General, on behalf of the [appropriate department]
THE DEPARTMENT, may institute a civil action for an
immediate injunction to halt any pollution or other activity
causing the danger.

SUPPLEMENTAL REVISOR'S NOTE: Ch. ___, Acts of 1982,

which enacted the Health - Environmental Article,
also amended this section to delete the
references to the Department of Health and Mental
Hygiene. The substance of the deleted language
now appears in the Health - Environmental
Article.

8-1416.

(a)  Any person who violates any provision of this
subtitle, or any rule, regulation, order, or permit issued
pursuant thereto, shall be liable for a penalty not
exceeding $10,000 for the violation, which may be recovered
in a civil action, and the person may be enjoined from
continuing the violation, as provided by this subtitle. Each
day upon which the violation occurs constitutes a separate
offense.

(b)  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 [Department of Health and
Mental Hygiene or the] Department [of Natural Resources]
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) 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,