WILLIAM DONALD SCHAEFER, Governor                   Ch. 612

(B) SEPARATE VIOLATIONS.

EACH DAY ON WHICH A VIOLATION OCCURS IS A SEPARATE VIOLATION
UNDER THIS SECTION.

REVISOR'S NOTE: Subsection (a) of this section formerly
appeared as the first sentence of HE § 9-229.

The only changes are in style.

Subsection (b) of this section is new language derived
without substantive change from the last sentence of
former HE § 9-229.

9-268. CIVIL PENALTIES — IN GENERAL.

(A) "PERSON" DEFINED.

IN THIS SECTION, "PERSON" INCLUDES A WATER, SEWERAGE, OR
SANITARY DISTRICT.

(A) (B) IN GENERAL.

A PERSON IS LIABLE TO THE STATE FOR CIVIL PENALTIES IF THE
PERSON:

(1)  FAILS TO COMPLY WITH A FINAL ORDER OF THE
SECRETARY WITHIN THE TIME STATED IN SET FOR COMPLIANCE WITH THE
ORDER; OR

(2)  AFTER AN APPEAL HAS BEEN FILED UNDER § 9-263 OF
THIS SUBTITLE, FAILS TO OBEY OR IN GOOD FAITH BEGIN TO OBEY A
FINAL ORDER OF THE SECRETARY WITHIN 10 DAYS AFTER THE COURT
ENTERS A FINAL JUDGMENT AFFIRMING THE ORDER.

(B) (C) AMOUNT OF CIVIL PENALTIES.

THESE CIVIL PENALTIES ARE:

(1)  A BASIC PENALTY NOT LESS THAN $500 NOR MORE THAN
$10,000; AND

(2)  AN ADDITIONAL PENALTY NOT LESS THAN $500 NOR MORE
THAN $10,000 A DAY FOR EACH DAY OF NONCOMPLIANCE AFTER THE TIME
STATED IN THE SECRETARY'S ORDER FOR COMPLIANCE WITH THE ORDER, UP
TO A MAXIMUM OF $50,000.

(C) (D) CIVIL ACTION.

THE DEPARTMENT SHALL FILE A CIVIL ACTION IF IT WISHES TO
RECOVER CIVIL PENALTIES UNDER THIS SECTION. THE STATE SHALL
RECOVER THE CIVIL PENALTIES UNDER THIS SECTION IN A CIVIL ACTION.

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