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Martin O'Malley, Governor
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Ch. 365
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Article. The permit required by this subtitle is included in the certificate of public
convenience and necessity issued by the Public Service Commission.
5-514.
(A) (1) IN ADDITION TO BEING SUBJECT TO AN INJUNCTIVE ACTION
UNDER THIS SUBTITLE, A PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBTITLE RELATING TO WATER APPROPRIATION AND USE OR ANY RULE,
REGULATION, ORDER, OR PERMIT ADOPTED OR ISSUED UNDER ANY SUCH
PROVISION IS LIABLE FOR A CIVIL PENALTY NOT EXCEEDING $10,000 $5,000
PER VIOLATION TO BE COLLECTED IN A CIVIL ACTION BROUGHT BY THE
DEPARTMENT.
(2) EACH DAY A VIOLATION OCCURS OR CONTINUES IS A
SEPARATE VIOLATION UNDER THIS SUBSECTION.
(3) (I) BEFORE BRINGING A CIVIL ACTION AGAINST A LOCAL
GOVERNMENT UNDER THIS SUBSECTION, THE DEPARTMENT SHALL MEET AND
CONSULT WITH THE LOCAL GOVERNMENT TO SEEK AN ALTERNATIVE
RESOLUTION TO THE CONTESTED ISSUE.
(II) PRIOR CONSULTATION BY THE DEPARTMENT WITH THE
LOCAL GOVERNMENT SHALL CONSTITUTE COMPLIANCE WITH THIS SUBSECTION.
(B) A person who violates or causes an act which violates a provision of this
subtitle or a regulation adopted under this subtitle or who violates or fails to comply
with a permit or an order of the Department when due notice is given is guilty of a
misdemeanor. Upon conviction the violator is subject to a fine not exceeding [$500]
$10,000 per day for each day of the offense, [and not to exceed a total fine of $25,000,]
with costs imposed in the discretion of the court IS SUBJECT TO THE PENALTIES
PROVIDED IN § 9-343 OF THIS ARTICLE.
(C) ALL FUNDS COLLECTED BY THE DEPARTMENT UNDER THIS
SECTION, INCLUDING ANY CIVIL PENALTY OR ANY FINE IMPOSED BY A COURT
UNDER THE PROVISIONS OF THIS SECTION, SHALL BE PAID INTO THE
MARYLAND CLEAN WATER FUND.
5-515.
(A) AFTER OR CONCURRENTLY WITH THE SERVICE OF A COMPLAINT
UNDER THIS SUBTITLE RELATING TO WATER APPROPRIATION AND USE, THE
DEPARTMENT MAY:
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- 2301 -
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