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ROBERT L. EHRLICH, JR., Governor Ch. 420
(3) Proof that the owner failed to respond to a complaint regarding the
affected property as required by § 6-819 of this subtitle.
6-849.
(a) (1) The Department shall impose an administrative penalty on an owner
who fails to register an affected property by December 31, 1995 or within the time
period specified in § 6-811(a)(2) or § 6-812(b) of this subtitle or fails to renew or
update a registration as provided under § 6-812(a) of this subtitle. The
administrative penalty imposed shall be up to $10 per day, calculated from the 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, ON ANY PERSON WHO VIOLATES § 6-818(A)(l)(II) OR (2) OF
THIS SUBTITLE.
(2) (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.
(3) (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) THE DEPARTMENT SHALL IMPOSE AN ADMINISTRATIVE PENALTY, NOT TO
EXCEED $5,000, ON A OWNER WHO VIOLATES § 6-818(A)(2) OF THIS SUBTITLE.
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