HARRY HUGHES, Governor

2097

(1982 Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - Environmental

2-610.1.

(A)  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 TITLE, SUBTITLE 6 OF TITLE 4 SUBTITLE 4 OF
TITLE 6, OR ANY RULE, REGULATION, ORDER, PLAN FOR COMPLIANCE,
REGISTRATION, OR PERMIT ADOPTED OR ISSUED UNDER THOSE PROVISIONS.

(B) BEFORE TAKING ANY ACTION UNDER THIS SECTION, THE
DEPARTMENT SHALL PROVIDE THE ALLEGED VIOLATOR WITH WRITTEN NOTICE
OF THE PROPOSED ACTION AND AN OPPORTUNITY FOR AN INFORMAL
MEETING.

(C)  (1) THE PENALTY IMPOSED ON A PERSON UNDER THIS SECTION
SHALL BE:

(I)  UP TO $1,000 FOR EACH VIOLATION, BUT NOT
EXCEEDING;

(II) NOT MORE THAN $20,000 TOTAL FOR ANY
SINGLE ADMINISTRATIVE HEARING; AND

(II) (III) ASSESSED WITH CONSIDERATION GIVEN
TO:

1.  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;

2.  ANY ACTUAL HARM TO HUMAN HEALTH OR TO
THE ENVIRONMENT, INCLUDING INJURY TO OR IMPAIRMENT OF THE AIR
QUALITY OR THE NATURAL RESOURCES OF THIS STATE;

3.  THE COST OF CONTROL;

4.  THE NATURE AND DEGREE OF INJURY TO OR
INTERFERENCE WITH GENERAL WELFARE, HEALTH, AND PROPERTY;

5.  THE EXTENT TO WHICH THE LOCATION OF
THE VIOLATION, INCLUDING LOCATION NEAR 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
EMISSIONS THAT CAUSED THE VIOLATION; AND