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ROBERT L. EHRLICH, JR., Governor Ch. 398
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date compliance is required, for each affected property which is not registered or for
which registration is not renewed or updated.
(2) The Department shall impose an administrative penalty, not to
exceed [$25,000] $50,000, on any person who violates § 6-818(a)(l)(ii) or (2) of this
subtitle.
(3) The penalty shall be assessed with consideration given to:
(i) The willfulness of the violation, the extent to which the
existence of the violation was known to the violator but uncorrected by the violator,
and the extent to which the violator exercised reasonable care;
(ii) The extent to which the violation resulted in actual harm to the
environment or to human health or safety;
(iii) The nature and degree of injury to or interference with general
welfare, health, and property;
(iv) The extent to which the current violation is part of a recurrent
pattern of the same or similar type of violation committed by the violator; and
(v) The extent to which the violation creates the potential for harm
to the environment or to human health or safety.
(4) On or before March 31, 2002, the Department may waive an
administrative penalty under this subsection upon a showing of hardship or provided
that:
(i) The affected property is registered, the registration is renewed,
or the registration is updated;
(ii) The Department has not initiated an enforcement action for
violation of this subtitle before the date upon which the property is registered or the
registration is renewed or updated; and
(iii) All of the owner's affected properties have been brought into
compliance with this subtitle and 65% of the owner's affected properties have been
certified in compliance with the full risk reduction standards in accordance with §§
6-815 and 6-817(b) of this subtitle.
(b) An owner who fails to renew or update a registration as required under §
6-812 of this subtitle within 90 days after the date specified shall be deemed to be out
of compliance with the provisions of this subtitle, with respect to each affected
property to which that renewal or update relates, for purposes of § 6-836 of this
subtitle on the 91st day after the date the renewal or update was required.
6-850.
(a) Except as provided in § 6-849 of this subtitle, in addition to any other
remedies provided in this subtitle, the provisions and procedures of §§ 7-256 through
7-264 and 7-266(b) of this article shall be used and shall apply to enforce violations of
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