Section 6-905.6 - Violations and penalties [Section subject to abrogation]. - Maryland Statutes

§ 6-905.6. Violations and penalties [Section subject to abrogation].
 

(a)  Criminal penalty.- A person that violates any provision of § 6-905.4 or § 6-905.5 of this subtitle, or any regulation adopted to implement the provisions of § 6-905.4 or § 6-905.5 of this subtitle, is guilty of a misdemeanor and on conviction is subject to: 

(1) For a first offense, a fine not exceeding $1,000; 

(2) For a second offense, a fine not exceeding $2,500; and 

(3) For a third or subsequent offense, a fine not exceeding $5,000. 

(b)  Civil penalty.- A person that violates any provision of § 6-905.4 or § 6-905.5 of this subtitle, or any regulation adopted to implement the provisions of § 6-905.4 or § 6-905.5 of this subtitle, is liable for a civil penalty to be collected in a civil action in the circuit court for any county in the State not exceeding: 

(1) $1,000 for a first offense; 

(2) $2,500 for a second offense; or 

(3) $5,000 for a third or subsequent offense. 

(c)  Fine; considerations.-  

(1) In addition to any other remedies available at law or in equity, after an opportunity for a hearing, the Department may impose a fine for each violation of § 6-905.4 or § 6-905.5 of this subtitle, or of any regulation adopted under § 6-905.4 or § 6-905.5 of this subtitle, not exceeding: 

(i) $1,000 for a first offense; 

(ii) $2,500 for a second offense; or 

(iii) $5,000 for a third or subsequent offense. 

(2) The Department shall consider the following in assessing the fine in paragraph (1) of this subsection: 

(i) The willfulness of the violation; 

(ii) The extent to which the violation was known, but uncorrected, by the violator; 

(iii) The extent to which the violation resulted in actual harm to human health or the environment; 

(iv) The nature and degree of injury to, or interference with, general welfare and health; and 

(v) The extent to which the current violation is part of a pattern of the same or similar type of violation by the violator. 

(d)  Each violation is a separate offense.- Each day a violation continues is a separate offense under this section. 

(e)  Fines and penalties shall be deposited in Fund.- Fines and penalties collected under this section shall be deposited in the State Recycling Trust Fund. 
 

[2009, ch. 713.]