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Ch. 573
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LAWS OF MARYLAND
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1830
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7. Other relevant factors.
(3) EACH DAY A VIOLATION OCCURS IS A SEPARATE
VIOLATION UNDER THIS SUBSECTION.
(3) (4) 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) (5) 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) (6) 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.
9-342.
(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, or
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;
(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;
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