WILLIAM DONALD SCHAEFER, Governor                    Ch. 306

and collectible in any manner provided at law for the collection
of debts. If any person liable to pay the penalty neglects or
refuses to pay it after demand, the amount, together with
interest and any costs that may accrue, shall be a lien in favor
of the State upon the property, both real and personal, of the
person and shall be recorded in the clerk of court's office for
the political subdivision in which the property is located. The
moneys shall be placed in a special fund to be used for
monitoring and surveillance by the Department to be used to
assure and maintain an adequate record of any discharge to the
waters of the State.

[8-1417] 4-418.

Any person who violates subsections (a) or (b) of § [8-1410]
4-410 is guilty of a misdemeanor and on conviction is subject to
a fine or imprisonment or both for each offense as provided in §
[8-1416(b)] 4-417(B) of this title. Any vessel from which oil is
discharged in violation of § [8-1410(a)] 4-410(A) is liable for
the pecuniary penalty specified in § [8-1416(d)] 4-417(D) of this
title. Clearance of a vessel from a port of the State may be
withheld until the penalty is paid. The penalty constitutes a
lien on the vessel.

SUBTITLE 5. PENALTY AND FINES; PROSECUTION

4-501.

(A)  ANY PERSON WHO VIOLATES ANY PROVISION OF THIS TITLE IS
GUILTY OF A MISDEMEANOR. UPON CONVICTION IN A COURT OF COMPETENT
JURISDICTION, UNLESS ANOTHER PENALTY IS SPECIFICALLY PROVIDED
ELSEWHERE IN THIS TITLE, THE PERSON IS SUBJECT TO A FINE NOT
EXCEEDING $500, OR IMPRISONMENT NOT EXCEEDING THREE MONTHS, OR
BOTH, WITH COSTS IMPOSED IN THE DISCRETION OF THE COURT. EVERY
FINE AND COST SHALL BE PAID IN ACCORDANCE WITH ARTICLE 38, § 4 OF
THE CODE.

(B)  ANY PERSON FOUND GUILTY OF A SECOND OR SUBSEQUENT
VIOLATION OF ANY PROVISION OF THIS TITLE IN A COURT OF COMPETENT
JURISDICTION, UNLESS ANOTHER PENALTY IS SPECIFICALLY PROVIDED
ELSEWHERE IN THIS TITLE, IS SUBJECT TO A FINE NOT EXCEEDING
$1,000, OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH WITH
COSTS IMPOSED IN THE DISCRETION OF THE COURT. FOR THE PURPOSE OF
THIS SUBSECTION, A SECOND OR SUBSEQUENT VIOLATION IS ONE WHICH
HAS OCCURRED WITHIN 2 YEARS OF ANY PRIOR VIOLATION OF THIS TITLE.

(C)  IN ADDITION TO ANY ADMINISTRATIVE PENALTY PROVIDED IN
THIS TITLE, VIOLATION OF ANY RULE OR REGULATION OR RESTRICTION
PROMULGATED BY ANY UNIT WITHIN THE DEPARTMENT OF THE ENVIRONMENT
PURSUANT TO THE PROVISIONS OF THIS TITLE IS A MISDEMEANOR AND IS
PUNISHABLE AS PROVIDED IN SUBSECTIONS (A) AND (B).

4-502.

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