1. (a)

   1. (1) In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle or any regulation, order, or permit adopted or issued under this subtitle is liable for a civil penalty not exceeding $10,000 per violation to be collected in a civil action brought by the Department.
   2. (2) Each day a violation occurs or continues is a separate violation under this subsection.

   3. (3)

      1. (i) Before bringing a civil action against a local government under this subsection, the Department shall meet and consult with the local government to seek an alternative resolution to the contested issue.
      2. (ii) Prior consultation by the Department with the local government shall constitute compliance with this subsection.
2. (b) A person who violates a provision of this subtitle or a regulation adopted under this subtitle is subject to the penalties provided in § 9-343 of this article.

3. (c)

   1. (1) In addition to any other remedies available at law or in equity and after an opportunity for a hearing, which may be waived in writing by the person accused of a violation, the Department may impose a penalty for violation of any provision of this subtitle or any regulation, order, or permit adopted or issued under this subtitle.

   2. (2) The penalty imposed on a person under this subsection shall be:

      1. (i) Up to $5,000 for each violation, but not exceeding $100,000 total; and

      2. (ii) Assessed with consideration given to:

         1. 1. The willfulness of the violation, the extent to which the existence of the violation was known to but uncorrected by the violator, and the extent to which the violator exercised reasonable care;
         2. 2. Any actual harm to the environment or to human health, including injury to or impairment of the use of the waters of the State or the natural resources of the State;
         3. 3. The cost of cleanup and the cost of restoration of natural resources;
         4. 4. The nature and degree of injury to or interference with general welfare, health, and property;
         5. 5. The extent to which the location of the violation, including location near waters of the State or areas of human population, creates the potential for harm to the environment or to human health or safety;
         6. 6. The available technology and economic reasonableness of controlling, reducing, or eliminating the violation;
         7. 7. The degree of hazard or harm posed by the violation;
         8. 8. 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
         9. 9. The degree of cooperation with the Department after being notified of the violation and any good faith efforts to address the violation.
   3. (3) Each day a violation exists is a separate violation under this subsection.
   4. (4) Any penalty imposed under this subsection is payable to the State and collectible in any manner provided at law for the collection of debts.

   5. (5) If any person who is liable to pay a penalty imposed under this subsection fails to pay the penalty after demand, the amount, together with interest and any costs that may accrue, shall be a lien in favor of the State on any:

      1. (i) Real property of the person when recorded with the clerk of the circuit court for the county in which the property is located; and
      2. (ii) Personal property of the person when attached and levied by the State in accordance with the Maryland Rules.

4. (d) Before taking any civil or administrative action to recover a penalty under subsection (a) or (c) of this section, the Department shall:

   1. (1) Provide the person alleged to have violated this subtitle with written notice of the proposed penalty and an opportunity for an informal meeting concerning settlement of the proposed civil or administrative penalty;
   2. (2) Use discretion to determine whether a formal enforcement action under this section is appropriate; and
   3. (3) If applicable, review any good faith application from the person, or an authorized representative of the person, for a loan from the Private Dam Repair Fund.

5. (e)

   1. (1) Except as provided in paragraph (2) of this subsection, all funds collected by the Department under this section, including any civil or administrative penalties or any fine imposed by a court under the provisions of this section, shall be paid into the Maryland Clean Water Fund.
   2. (2) Funds collected by the Department under this section relating to an unsafe condition shall be paid into the Private Dam Repair Fund.

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1. Amended by Acts 1988, c. 639; Acts 1989, c. 5, § 1; Acts 1989, c. 305. Renumbered from Natural Resources § 8-814 by Acts 1995, c. 488, § 1, eff. July 1, 1995. Amended by Acts 2007, c. 365, § 1, eff. Oct. 1, 2007; Acts 2025, c. 432, § 2, eff. July 1, 2025; Acts 2026, c. 273, § 1, eff. July 1, 2026.

Formerly Art. 96A, § 19.