Ch. 505                                    2004 LAWS OF MARYLAND

(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 ANY STATE OR PRIVATE
WETLANDS, OR ANY WATERS OF THE STATE OR OTHER NATURAL RESOURCES OF THE
STATE;

3. THE COST OF CLEANUP AND THE COST OF RESTORATION
OF NATURAL RESOURCES;

4. THE NATURE AND DECREE OF INJURY TO OR
INTERFERENCE WITH GENERAL WELFARE, HEALTH, AND PROPERTY;

5. THE EXTENT TO WHICH THE LOCATION OF THE
VIOLATION, INCLUDING LOCATION NEAR STATE OR PRIVATE WETLANDS, OTHER
WATERS OF THE STATE, OR AREAS OF HUMAN POPULATION, CREATES THE
POTENTIAL FOR HARM TO THE ENVIRONMENT OR TO HUMAN HEALTH AND SAFETY;

6. THE AVAILABLE TECHNOLOGY AND ECONOMIC

REASONABLENESS OF CONTROLLING, REDUCING, OR ELIMINATING THE VIOLATION;

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.

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

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

(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 THE STATE ON ANY PROPERTY, REAL OR
PERSONAL, OF THE PERSON; AND

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

(6) ANY PENALTY COLLECTED UNDER THIS SUBSECTION SHALL BE
PLACED IN THE WETLANDS COMPENSATION FUND ESTABLISHED UNDER § 16-205 OF
THIS TITLE.

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