Md. Code Regs. 15.20.13.27

Current through Register Vol. 51, No. 26, December 27, 2024

Section 15.20.13.27 - [Effective until 4/15/2025] Administrative Penalties

A. If the Department determines that a person has violated any provision of Agriculture Article, Title 8, Subtitle 8A. Annotated Code of Maryland, any regulation adopted thereunder, or any condition the permit issued to the person, the Department may impose a civil penalty up to $5,000 per day, not to exceed $50,000 in total penalties for that violation.

B. In assessing a civil penalty imposed under §A, of this regulation, the Department shall give consideration to:

(1) The willfulness of the violation:

(2) The extent to which the existence of the violation was known to the violator but uncorrected by the violator;

(3) The extent to which the violator exercised reasonable care;

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

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

(6) 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: and

(7) The extent to which the violation creates the potential for harm to the environment or to human health or safety.

C. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty promptly to the Department.

Md. Code Regs. 15.20.13.27

Regulations .27 adopted effective 51:23 Md. R. 1035, effective 10/16/2024, exp. 4/15/2025 (Emergency).