WILLIAM DONALD SCHAEFER, Governor                   Ch. 669

be liable to the county, municipality, or the State, as
appropriate, in a civil action, for damages in an amount equal to
double the cost of installing or maintaining the controls.]

IN ADDITION TO ANY OTHER SANCTION UNDER THIS SUBTITLE, A
PERSON IS LIABLE FOR A CIVIL PENALTY AS PROVIDED IN THIS
SUBSECTION IF THE PEROSN PERSON:

(I) CLEARS, GRADES, TRANSPORTS, OR OTHERWISE
DISTURBS LAND WITHOUT AN APPROVED PLAN;

(II) FAILS TO INSTALL FIRST INSTALLING EROSION
AND SEDIMENT CONTROLS IN ACCORDANCE WITH AN APPROVED PLAN; OR

(III) (II) FAILS TO MAINTAIN ESTABLISH EROSION
AND SEDIMENT CONTROLS IN ACCORDANCE WITH AN APPROVED PLAN AND FOR
WITHIN THE TIME SPECIFIED BY A STATE, COUNTY, OR MUNICIPAL ORDER
OR TO MAINTAIN THOSE EROSION AND SEDIMENT CONTROLS.

(2)  ANY THE APPROPRIATE COUNTY, MUNICIPAL, OR STATE
AGENCY MAY RECOVER A CIVIL PENALTY UNDER PARAGRAPH (1) OF THIS
SUBSECTION IN A CIVIL ACTION IN AN AMOUNT EQUAL TO DOUBLE THE
COST OF CORRECTIONS FOR:

(I)  THE INSTALLATION AND MAINTENANCE OF

NECESSARY EROSION AND SEDIMENT CONTROLS IN ACCORDANCE WITH AN
APPROVED PLAN; AND

(II)  MAINTAINING EROSION AND SEDIMENT CONTROLS
IN ACCORDANCE WITH AN APPROVED PLAN; AND

(II) (III) THE PERMANENT RESTORATION OF THE
DISTURBED LAND TO A STABLE CONDITION.

(3)  A THE APPROPRIATE COUNTY, MUNICIPAL, OR STATE
AGENCY MAY RECOVER A CIVIL PENALTY UNDER PARAGRAPH (1) OF THIS
SUBSECTION ON PROOF OF THE COST OF THE REQUIRED CORRECTIONS COSTS
AS SPECIFIED IN PARAGRAPH (2) OF THIS SUBSECTION, WITHOUT THE
NECESSITY OF PROVING THAT THE AGENCY PERFORMED WORK OR INCURRED
EXPENSES. THE DAMAGES ARE RECOVERABLE NOTWITHSTANDING WHETHER
THE HOWEVER, IF ANY PERSON RESPONSIBLE HAS SUBSEQUENTLY MADE THE
REQUIRED CORRECTIONS WITHIN THE TIME SPECIFIED BY A STATE,
COUNTY, OR MUNICIPAL ORDER, THE APPROPRIATE STATE, COUNTY, OR
MUNICIPAL AGENCY MAY RECOVER A CIVIL PENALTY UNDER THIS
SUBSECTION IN AN AMOUNT EQUAL TO NOT MORE THAN 50 PERCENT OF THE
COSTS SPECIFIED IN PARAGRAPH (2) OF THIS SUBSECTION.

[(2)] (4) Any county, municipal, or State agency   that

recovers damages CIVIL PENALTIES in accordance with this

subsection shall deposit them in a special fund, to be used
solely for:

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