WILLIAM DONALD SCHAEFER, Governor Ch. 553

BY repealing and reenacting, with amendments,

Article - Environment
Section 4-417(d)
Annotated Code of Maryland
(1987 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Environment

4-109.

(E) (1) IN ADDITION TO ANY OTHER REMEDIES AVAILABLE AT LAW
OR IN EQUITY AND AFTER AN OPPORTUNITY FOR A HEARING WHICH MAY BE
WAIVED IN WRITING BY THE PERSON ACCUSED OF A VIOLATION, THE
DEPARTMENT MAY IMPOSE A PENALTY FOR VIOLATION OF ANY PROVISION OF
THIS SUBTITLE OR ANY RULE, REGULATION, REGULATION OR PLAN
ADOPTED, APPROVED, OR ISSUED UNDER THIS SUBTITLE.

(2) THE PENALTY IMPOSED ON A PERSON UNDER THIS
SUBSECTION SHALL BE:

(I)  UP TO $1,000 FOR EACH VIOLATION, BUT NOT
EXCEEDING $50,000 $20,000 TOTAL FOR ANY ACTION; AND

(II)  ASSESSED WITH CONSIDERATION GIVEN TO:

1.  THE WILLFULNESS OF THE VIOLATION, THE
EXTENT TO WHICH THE EXISTENCE OF THE VIOLATION WAS KNOWN TO BUT
UNCORRECTED BY THE VIOLATOR, AND THE EXTENT TO WHICH THE VIOLATOR
EXERCISED REASONABLE CARE;

2.  ANY ACTUAL HARM TO THE ENVIRONMENT OR
TO HUMAN HEALTH, 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 CLEANUP AND THE COST OF
RESTORATION OF NATURAL RESOURCES;

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 WATERS OF THIS STATE OR
AREAS OF HUMAN POPULATION, CREATES THE POTENTIAL FOR HARM TO THE
ENVIRONMENT OR TO HUMAN HEALTH OR SAFETY;

6.  THE AVAILABLE TECHNOLOGY AND ECONOMIC
REASONABLENESS OF CONTROLLING, REDUCING, OR ELIMINATING THE
VIOLATION;

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