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632
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Ch. 99
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LAWS OF MARYLAND
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(3) 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) 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) 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 VIOLATIONS, INCLUDING discharge OF WASTE MATERIAL
AND OTHER POLLUTANTS into the waters of this State OR INTO THE
ENVIRONMENT.
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 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;
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