Ch. 553

LAWS OF MARYLAND

7.  THE DEGREE OF HAZARD POSED BY THE
PARTICULAR POLLUTANT OR POLLUTANTS INVOLVED; AND

8.  THE EXTENT TO WHICH THE CURRENT
VIOLATION IS PART OF A RECURRENT PATTERN OF THE SAME OR SIMILAR
TYPE OF VIOLATION COMMITTED BY THE VIOLATOR . ; AND

9. WHETHER OR NOT PENALTIES WERE ASSESSED
OR WILL BE ASSESSED UNDER OTHER PROVISIONS OF THIS SUBTITLE.

(3)  EACH DAY A VIOLATION OCCURS IS A SEPARATE
VIOLATION UNDER THIS SUBSECTION.

(4)  ANY PENALTY IMPOSED UNDER THIS SUBSECTION IS
PAYABLE TO THIS STATE AND COLLECTIBLE IN ANY MANNER PROVIDED AT
LAW FOR THE COLLECTION OF DEBTS PENALTIES.

(5) IF ANY PERSON WHO IS LIABLE TO PAY A PENALTY
IMPOSED UNDER THIS SUBSECTION FAILS TO PAY IT AFTER DEMAND, THE
AMOUNT, TOGETHER WITH INTEREST AND ANY COSTS THAT MAY ACCRUE,
SHALL BE:

(I) A LIEN IN FAVOR OF THIS STATE ON ANY
PROPERTY, REAL OR PERSONAL, OF THE PERSON; AND

(II) RECORDED IN THE OFFICE OF THE CLERK OF
COURT FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED.

(6) (5) ANY PENALTY COLLECTED UNDER THIS SUBSECTION
OR § 4-413 OF THIS TITLE SHALL BE PLACED IN THE SPECIAL FUND
UNDER PARAGRAPH (C)(4) OF THIS SECTION.

4-417.

(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 the Environment, or a hearing officer designated
in writing by the Secretary, after AN OPPORTUNITY FOR a hearing
[at which it is determined that a violation exists] WHICH MAY BE
WAIVED IN WRITING BY THE PERSON ACCUSED OF A VIOLATION. The civil
penalty assessed shall be [$500] $1,000 for each day of
violation, not exceeding a total sum of [$10,000] $50,000;
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 and collectible in any mariner provided

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