Ch. 306                                    LAWS OF MARYLAND

[8-1416] 4-417.

(a)  Any person who violates any provision of this subtitle,
or any rule, regulation, order, or permit issued pursuant.
thereto, shall be liable for a penalty not exceeding $10,000 for
the violation, which may be recovered in a civil action, and the
person may be enjoined from continuing the violation, as provided
by this subtitle. Each day upon which the violation occurs.
constitutes a separate offense.

(b)  Any person who violates any of the provisions of, or
who, fails to perform any duty imposed by this subtitle, or any
regulation or order issued under it, or the provisions of any
permit of the Department made pursuant to this subtitle is guilty
of a misdemeanor, and upon conviction, is subject to a fine not
exceeding $25,000 or by imprisonment not exceeding one year, or
both, and, in addition, may be enjoined from continuing the
violation. If the conviction is for a violation committed after a
first conviction of the person under this subsection, punishment
shall be by a fine of not more than $50,000 per day of violation
or by imprisonment not exceeding two years or both, and in
addition, the person may be enjoined from continuing the
violation. Each day upon which violation occurs constitutes a
separate offense.

(c)  Any person who knowingly makes any false statement,
representation, or certification in any application, record,
report, plan, or other document filed or required to be
maintained under this title, or by any permit, rule, regulation
or order issued under this title, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method
required to be maintained under this title or by any permit,
rule, regulation, or order issued under this title, upon
conviction, is subject to a fine not exceeding $10,000, or by
imprisonment not exceeding six months or both.

(d)  In addition to any other remedies available at law or
in equity, a civil penalty may be assessed for violation of any
provisions of this subtitle, or rules, regulations, orders or
permits issued pursuant thereto. The penalty may be assessed by
the Secretary of [Natural Resources] THE ENVIRONMENT, or a
hearing officer designated in writing by the Secretary, after a
hearing at which it is determined that a violation exists. The
civil penalty assessed shall be $500 for each day of violation,
not exceeding a total sum of $10,000; consideration shall be
given to the willfulness of the violation; to the damage or
injury to the waters of the State or the impairment of its uses;
to the cost of clean-up; to the nature and degree of injury to or
interference with general welfare, health, and property; to the
suitability of the waste source to its geographic location,
including priority of location; to the available technology and
economic reasonableness of controlling, reducing, or eliminating
the waste; and other relevant factors. It is payable to the State

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