- (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.
Added by Acts 2024, c. 531, § 1, eff. July 1, 2024; Acts 2024, c. 532, § 1, eff. July 1, 2024.