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§ 8-509. Penalties for violations

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 8. Radiation
Subtitle 5. Enforcement
MD Code, Environment, § 8-509
§ 8-509. Penalties for violations
Currentness
Criminal penalties
(a)(1) A person who fails, refuses, or neglects to comply with any provision of this title, or with any regulation adopted under this title, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both.
(2) Before any prosecution is begun under this subsection, the Secretary shall serve written notice of each alleged violation on a person who is in charge of the place where the violation allegedly exists.
Civil penalties
(b)(1) In addition to any criminal penalty imposed under this section, a person who violates any provision of this title, any regulation or order issued under this title, or any term, condition, or limitation of any license or registration certificate issued under this title:
(i) Is liable for a civil penalty not exceeding $10,000, to be collected in a civil action in the circuit court for any county; and
(ii) May be enjoined from continuing the violation.
(2) Each day a violation occurs is a separate violation under this subsection.
(3) Whether or not a court action has been filed, the Secretary, with the concurrence of the Attorney General, may compromise and settle any claim for a civil penalty under this section.
Application
(c) This section does not apply to an action subject to a penalty provision of Title 7 or Title 9 of this article.

Credits

Added by Acts 1982, c. 240, § 2. Amended by Acts 1982, c. 617; Acts 1988, c. 783; Acts 1990, c. 431; Acts 1992, c. 22, § 1.
Formerly Art. 43, § 687.
MD Code, Environment, § 8-509, MD ENVIR § 8-509
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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