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Session Laws, 1999
Volume 796, Page 3707   View pdf image
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defined in § 10-202 of the State Government Article, may take an appeal as allowed
in §§ 10-222 and 10-223 of the State Government Article.

13-505.

(a) A person who violates any provision of this title or of any [rule or]
regulation adopted under this title is guilty of a misdemeanor and on conviction is
subject:

(1) To a fine not exceeding $500 or imprisonment not exceeding 3
months, or both; or

(2) To a fine not exceeding $1,000 or imprisonment not exceeding 1 year,
or both, for any subsequent violation of this title that occurs within 2 years of an
earlier violation of this title.

(b) Each day that a person practices well drilling without a license constitutes
a separate offense.

13-506.

(A) A PERSON WHO PRACTICES WELL DRILLING WITHOUT A LICENSE IS
SUBJECT TO A CIVIL PENALTY TO BE LEVIED BY THE BOARD NOT EXCEEDING

(1) $500 PER DAY, UP TO A MAXIMUM OF $10,000 FOR A FIRST VIOLATION
ARISING OUT OF A SINGLE COURSE OF CONDUCT
; AND

(2) $1,000 PER DAY FOR A SECOND OR SUBSEQUENT VIOLATION.

(B) THE BOARD SHALL CONDUCT A PROCEEDING UNDER THIS SECTION TO
LEVY A CIVIL PENALTY IN ACCORDANCE WITH NOTICE AND HEARING
REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURE ACT.

(C) PENALTIES COLLECTED BY THE BOARD UNDER THIS SECTION SHALL BE
PAID INTO THE GENERAL FUND OF THE STATE.

(A) INSTEAD OF OR IN ADDITION TO ANY OTHER PENALTIES UNDER THIS
TITLE, THE BOARD MAY IMPOSE A CIVIL PENALTY ON A PERSON WHO VIOLATES §
13-501 OR § 13-502 OF THIS SUBTITLE IN AN AMOUNT NOT EXCEEDING $1,000 PER DAY
FOR ALL VIOLATIONS CITED ON A SINGLE DAY

(B) IN SETTING THE AMOUNT OF THE CIVIL PENALTY, THE BOARD SHALL
CONSIDER:

(1)

THE SERIOUSNESS OF THE VIOLATION;

(2)

THE HARM CAUSED BY THE VIOLATION;

(3)

THE GOOD FAITH OF THE VIOLATOR;

(4)

HISTORY OF PREVIOUS VIOLATIONS BY THE VIOLATOR; AND

(5)

OTHER RELEVANT FACTORS.



 

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Session Laws, 1999
Volume 796, Page 3707   View pdf image
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