Md. Code, Agriculture § 8-8A-12
This is the official text of Md. Code, Agriculture § 8-8A-12, part of Maryland’s Code, Agriculture — regulates farming and agricultural commerce.
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§8–8A–12.
Official statutory text
(a) In addition to any other action authorized under this subtitle, the Department may impose administrative penalties up to $5,000 per day, not to exceed $50,000 in total penalties, for a violation of this subtitle, regulations adopted under this subtitle, or any condition of the permit.
(b) The penalty shall be assessed with consideration given 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 to which 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.
(b) The penalty shall be assessed with consideration given 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 to which 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.
Status: in_force · Read it on the official government site
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