WILLIAM DONALD SCHAEFER, Governor                    Ch. 302

(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 USE OF THE
WATERS OF THIS STATE 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; AND

(6)  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.

(D)  PENALTIES COLLECTED BY THE SECRETARY UNDER THIS SECTION
SHALL BE PAID INTO THE GENERAL FUND OF THE STATE.

(E)  THE SECRETARY SHALL ESTABLISH SUCH RULES AND
REGULATIONS AS ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
SECTION.

5-210.4.

(A)  THE SECRETARY MAY BRING AN ACTION FOR AN INJUNCTION
AGAINST A PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE.

(B)  IN AN ACTION FOR AN INJUNCTION UNDER THIS SECTION, ANY
FINDING OF THE BOARD SECRETARY AFTER A HEARING IS PRIMA FACIE
EVIDENCE OF EACH FACT THE BOARD SECRETARY DETERMINES.

(C)  ON A SHOWING THAT A PERSON IS VIOLATING OR IS ABOUT TO
VIOLATE ANY PROVISION OF THIS SUBTITLE, A COURT SHALL GRANT AN
INJUNCTION WITHOUT REQUIRING A SHOWING OF A LACK OF AN ADEQUATE
REMEDY AT LAW.

(D)  AN ACTION FOR AN INJUNCTION UNDER THIS SECTION IS IN
ADDITION TO, AND NOT INSTEAD OF, CRIMINAL PROSECUTION TAKEN UNDER
§ 5-211 OF THIS SUBTITLE OR IMPOSITION OF CIVIL PENALTIES UNDER §
5-210.2 OF THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That the Secretary
shall not enforce §§ 5-208 and 5-210.2 of this Act until after
January 1, 1988.

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