§ 2-610.1. Civil fines and penalties; additional
West's Annotated Code of MarylandEnvironment
MD Code, Environment, § 2-610.1
§ 2-610.1. Civil fines and penalties; additional
(a) 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, Subtitle 4 of Title 6 of this article, or any rule, regulation, order, plan for compliance, registration, or permit adopted or issued under those provisions.
(b) Before taking any action under this section, the Department shall provide the alleged violator with written notice of the proposed action and an opportunity for an informal meeting.
(c)(1) The penalty imposed on a person under this section shall be:
1. The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;
2. Any actual harm to human health or to the environment, including injury to or impairment of the air quality or the natural resources of this State;
3. The cost of control;
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 areas of human population, creates the potential for harm to the environment or to human health or safety;
6. The available technology and economic reasonableness of controlling, reducing, or eliminating the emissions that caused the violation; and
7. 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.
Credits
Added by Acts 1985, c. 279. Amended by Acts 1986, c. 45; Acts 1991, c. 15; Acts 2006, c. 44, § 6, eff. April 8, 2006.
MD Code, Environment, § 2-610.1, MD ENVIR § 2-610.1
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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