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HARRY HUGHES, Governor 2397
AN ACT concerning
Controlled Hazardous Substances and Water Pollution
Control - Administrative Penalties
FOR the purpose of altering the administrative penalties assessed
by the Department of Health and Mental Hygiene for violation
of certain regulatory requirements relating to controlled
hazardous substances and water pollution control.
BY repealing and reenacting, with amendments,
Article - Health - Environmental
Section 7-266(b) and 9-342(b)
Annotated Code of Maryland
(1982 Volume)
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] $1,000 for each [day of]
violation, but not exceeding [$10,000] $50,000 total; and
(ii) 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
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