1. (a) Except as otherwise provided under subsections (b) and (c) of this section, the provisions of §§ 9-334 through 9-344 of this title apply to enforce violations of:

   1. (1) This subtitle;
   2. (2) Any regulation adopted under this subtitle; or
   3. (3) Any order issued under this subtitle.

2. (b)

   1. (1) A producer or producer responsibility organization that violates this subtitle is subject to:

      1. (i) For a first violation, an administrative penalty of $5,000;
      2. (ii) For a second violation, an administrative penalty of $10,000; and
      3. (iii) For a third or subsequent violation, a civil penalty of $20,000.

   2. (2) A penalty may not be imposed on a producer under this section unless:

      1. (i) The Department first issues a written notice of violation to the producer; and
      2. (ii) The violation is not corrected within 60 days after receipt of the written notice.
   3. (3) After the 60-day period specified under paragraph (2) of this subsection, each day that a violation continues is a separate violation.
3. (c) If, based on the annual report submitted under § 9-2509 of this subtitle, the performance goals established under § 9-2505(c)(1)(iii) of this subtitle have not been achieved, the Department may impose an administrative penalty, not to exceed $250,000, on the producer responsibility organization.
4. (d) Any penalty collected by the Department under this section shall be paid into the State Recycling Trust Fund established under § 9-1707 of this title.

Added by Acts 2025, c. 431, § 1, eff. June 1, 2025.