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1645
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HARRY HUGHES, Governor
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plus an extra penalty OF NOT LESS THAN $500 NOR MORE THAN $10,000
of not less than $5 nor more than $50 per day for each day beyond
the time limit that the order is not complied with, NOT TO EXCEED
$50,000 TOTAL, to be recovered by the State in civil action.]
(1) A PERSON WHO FAILS, REFUSES, OR NEGLECTS TO
COMPLY WITH ANY PROVISION OF THIS SUBTITLE, OR WITH ANY RULE OR
REGULATION ADOPTED UNDER THIS SUBTITLE, IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING
$10,000 OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.
(2) BEFORE ANY PROSECUTION IS BEGUN UNDER THIS
SUBSECTION, THE SECRETARY SHALL SERVE WRITTEN NOTICE OF EACH
ALLEGED VIOLATION ON A PERSON WHO IS IN CHARGE OF THE PLACE WHERE
THE VIOLATION ALLEGEDLY EXISTS.
(3) EACH DAY ON WHICH A VIOLATION OCCURS IS A
SEPARATE VIOLATION UNDER THIS SUBSECTION.
(B) (1) IN ADDITION TO ANY CRIMINAL PENALTY IMPOSED UNDER
THIS SECTION, A PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBTITLE, ANY RULE, REGULATION, OR ORDER ISSUED UNDER THIS
SUBTITLE, OR ANY TERM, CONDITION, OR LIMITATION OF ANY PERMIT
ISSUED UNDER THIS SUBTITLE.
(I) IS LIABLE FOR A CIVIL PENALTY NOT EXCEEDING
$10,000 TO BE COLLECTED IN A CIVIL ACTION IN THE CIRCUIT COURT
FOR ANY COUNTY; AND
(II) MAY BE ENJOINED FROM CONTINUING THE
VIOLATION.
(2) WHETHER OR NOT A COURT ACTION HAS BEEN FILED, THE
SECRETARY, WITH THE CONCURRENCE OF THE ATTORNEY GENERAL, MAY
COMPROMISE AND SETTLE ANY CLAIM FOR A CIVIL PENALTY UNDER THIS
SECTION.
(3) EACH DAY ON WHICH A VIOLATION OCCURS IS A
SEPARATE VIOLATION UNDER THIS SUBSECTION.
(C) THIS SECTION DOES NOT APPLY TO AN ACTION SUBJECT TO
PENALTY PROVISIONS OF TITLE 7 OR SUBTITLES 3, 4, AND 13 OF TITLE
9 OF THIS ARTICLE.
[(b)] (D) All funds collected under this section shall be
paid into the General Fund of this State.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
Approved May 31, 1983.
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