ROBERT L. EHRLICH, JR., Governor                             Ch. 505

16-502.

(C) (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 TITLE OR ANY RULE,
REGULATION, ORDER OR PERMIT ADOPTED OR ISSUED UNDER THIS TITLE.

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

(I) UP TO $1,000 FOR EACH VIOLATION, BUT NOT EXCEEDING
$60,000 TOTAL; 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 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 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 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.

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