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PARRIS N. GLENDENING, Governor Ch. 485
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(j) (I) (1) A person who violates any provision of subsection (f) of this
section or of any rule, regulation, or order adopted or issued under this section is
subject to:
(i) For a first violation, a warning; and
(ii) For a second or subsequent violation, after an opportunity for a
hearing which may be waived in writing by the person accused of a violation, an
administrative penalty that may be imposed by the Department of Agriculture.
(2) The penalty imposed on a person under paragraph (1)(ii) of this
subsection shall be:
(i) Up to $100 for each violation, but not exceeding $2,000 per
farmer or operator per year; 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;
3. The available technology and economic reasonableness of
controlling, reducing, or eliminating the violation; and
4. 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.
(3) (i) Except as provided in subparagraph (ii) of this paragraph, each
day a violation occurs is a separate violation under this subsection.
(ii) Daily penalties do not continue to accrue as long as the farmer
takes reasonable steps to correct the violation.
(4) Any penalty imposed under this subsection is payable to the
Maryland Agricultural Water Quality Cost Share Program within the Department.
(k) (J) If a person violates any provision of this section, the Department
may:
(1) Require repayment of cost share funds under Subtitle 7 of this title
for the project that is in violation; or
(2) Deny or restrict future cost share payments under Subtitle 7 of this
title.
(4) (K) The Department shall determine compliance with the provisions of
this section.
8-803.4.
(a) This section applies to an application of commercial fertilizer, as defined in
§ 6-201 of this article:
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