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2398 VETOES
reasonableness of controlling, reducing, or eliminating the
waste; and
7. Other relevant factors.
(3) EACH DAY THAT 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] $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;
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