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631
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HARRY HUGHES, Governor
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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 under this subsection shall
be:
(i) Up to $500 for each day of violation, but
not exceeding $10,000 total; and
(ii) Assessed with consideration given to:
1. The willfulness of the violation, THE
EXTENT TO WHICH THE EXISTENCE OF THE VIOLATION WAS KNOWN TO BUT
UNCORRECTED BY THE VIOLATOR, AND THE EXTENT TO WHICH THE VIOLATOR
EXERCISED REASONABLE CARE;
2. [The damage to, injury to, and] ANY
ACTUAL HARM TO THE ENVIRONMENT OR TO HUMAN HEALTH, INCLUDING
INJURY TO OR impairment of the use of the waters of this State OR
THE NATURAL RESOURCES OF THIS STATE;
3. The cost of ANY NECESSARY clean up AND
THE COST OF ANY NECESSARY RESTORATION OF NATURAL RESOURCES;
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] THE
EXTENT TO WHICH THE LOCATION OF THE VIOLATION, INCLUDING LOCATION
NEAR WATERS OF THE THIS STATE OR AREAS OF HUMAN POPULATION,
CREATES THE POTENTIAL FOR HARM TO THE ENVIRONMENT OR TO HUMAN
HEALTH OR SAFETY;
6. The available technology and economic
reasonableness of controlling,, reducing, or eliminating the
[waste] VIOLATION; [and]
7. [Other relevant factors] THE DEGREE OF
HAZARD POSED BY THE PARTICULAR WASTE MATERIAL OR MATERIALS
INVOLVED; AND
8. THE EXTENT TO WHICH THE PRESENTLY
EXISTING CURRENT VIOLATION IS PART OF A RECURRENT PATTERN OF THE
SAME OR SIMILAR TYPE OF VIOLATION COMMITTED BY THE VIOLATOR.
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