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HARRY HUGHES, Governor
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1815
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Article - Natural Resources
8-1108.
(a) Any person who violates any provision of this subtitle
is guilty of a misdemeanor, and upon conviction in a court of
competent jurisdiction is subject to a fine not exceeding $5,000
or imprisonment not exceeding one year or both for each violation
with costs imposed in the discretion of the court. Each day upon
which the violation occurs constitutes a separate offense.
(b) Any agency whose approval is required under this
subtitle or any interested person may seek an injunction against
any person who violates or threatens to violate any provision of
this subtitle.
(C) (1) IN ADDITION TO ANY OTHER SANCTION UNDER THIS
SUBTITLE, A PERSON WHO FAILS TO INSTALL OR TO MAINTAIN EROSION
AND SEDIMENT CONTROLS IN ACCORDANCE WITH AN APPROVED PLAN SHALL
BE LIABLE TO THE COUNTY, MUNICIPALITY, OR THE STATE, AS
APPROPRIATE, IN A CIVIL ACTION, FOR DAMAGES IN AN AMOUNT EQUAL TO
TRIPLE DOUBLE THE COST OF INSTALLING OR MAINTAINING THE CONTROLS.
(2) ANY COUNTY, MUNICIPAL, OR STATE AGENCY THAT
RECOVERS DAMAGES IN ACCORDANCE WITH THIS SUBSECTION SHALL DEPOSIT
THEM IN A SPECIAL FUND, TO BE USED SOLELY FOR:
(I) CORRECTING TO THE EXTENT POSSIBLE THE
FAILURE TO IMPLEMENT OR MAINTAIN EROSION AND SEDIMENT CONTROLS;
AND
(II) ADMINISTRATION OF THE SEDIMENT CONTROL
PROGRAM.
(D) IF A COUNTY OR MUNICIPALITY FAILS TO ENFORCE ANY
PROVISION OF THIS SUBTITLE, THE DEPARTMENT MAY REQUEST THE
ATTORNEY GENERAL TO TAKE APPROPRIATE LEGAL ACTION TO CORRECT THE
VIOLATION AND TO RECOVER DAMAGES UNDER SUBSECTION (C) OF THIS
SECTION.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983; and shall terminate automatically July
1, 1986.
Approved May 31, 1983.
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