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1829
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HARRY HUGHES, Governor
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Article - Health - Environmental
Section 7-266(b) and 9-342(b)
Annotated Code of Maryland
(1982 Volume)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Health - Environmental
7-266.
(b) (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, hauler
certificate, vehicle certificate, DRIVER CERTIFICATE, or facility
permit adopted or issued under this subtitle.
(2) The penalty imposed ON A PERSON under this
subsection [ shall be ]:
(I) [Up TO $500 for each day of violation, but
not exceeding $10,000 total] 1. MAY BE IMPOSED FOR EACH
VIOLATION;
2. FOR EACH VIOLATION, MAY NOT EXCEED
$1,000 FOR EACH DAY ON WHICH THE VIOLATION OCCURS; AND
3. FOR EACH DAY, MAY NOT EXCEED $50,000;
and
(I) UP TO $1,000 FOR EACH VIOLATION, BUT NOT
EXCEEDING $50,000 TOTAL; AND
(ii) [Assessed] SHALL BE 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 economic
reasonableness of controlling, reducing, or eliminating the
waste; and
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