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§ 5-514. Violations and penalties

West's Annotated Code of MarylandEnvironmentEffective: October 1, 2007

West's Annotated Code of Maryland
Environment
Title 5. Water Resources (Refs & Annos)
Subtitle 5. Appropriation or Use of Waters, Reservoirs, and Dams (Refs & Annos)
Effective: October 1, 2007
MD Code, Environment, § 5-514
§ 5-514. Violations and penalties
Currentness
Civil penalty
(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 $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.
Other penalties
(b) A person who violates a provision of this subtitle or a regulation adopted under this subtitle is subject to the penalties provided in § 9-343 of this article.
Disposition of funds collected
(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.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1. Amended by Acts 1988, c. 639; Acts 1989, c. 5, § 1; Acts 1989, c. 305. Renumbered from Natural Resources § 8-814 by Acts 1995, c. 488, § 1, eff. July 1, 1995. Amended by Acts 2007, c. 365, § 1, eff. Oct. 1, 2007.
Formerly Art. 96A, § 19.
MD Code, Environment, § 5-514, MD ENVIR § 5-514
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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