<?xml version='1.0' encoding='utf-8'?>
<section article="gen" article_name="Environment" number="6-849" title_number="6" title_name="Toxic, Carcinogenic, and Flammable Substances" subtitle_number="8" subtitle_name="Reduction of Lead Risk in Housing">
  <level label="a">
    <level label="1">
      <text>The Department shall impose an administrative penalty on an owner who fails to register an affected property by December 31, 1995 or within the time period specified in § 6-811(a)(2) or § 6-812(b) of this subtitle or fails to renew or update a registration as provided under § 6-812(a) of this subtitle. The administrative penalty imposed shall be up to $20 per day, calculated from the date compliance is required, for each affected property which is not registered or for which registration is not renewed or updated.</text>
    </level>
    <level label="2">
      <text>The Department shall impose an administrative penalty, not to exceed $50,000, on any person who violates § 6-818(a)(1)(ii) or (2) of this subtitle.</text>
    </level>
    <level label="3">
      <text>The penalty shall be assessed with consideration given to:</text>
      <level label="i">
        <text>The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;</text>
      </level>
      <level label="ii">
        <text>The extent to which the violation resulted in actual harm to the environment or to human health or safety;</text>
      </level>
      <level label="iii">
        <text>The nature and degree of injury to or interference with general welfare, health, and property;</text>
      </level>
      <level label="iv">
        <text>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</text>
      </level>
      <level label="v">
        <text>The extent to which the violation creates the potential for harm to the environment or to human health or safety.</text>
      </level>
    </level>
    <level label="4">
      <text>On or before March 31, 2002, the Department may waive an administrative penalty under this subsection upon a showing of hardship or provided that:</text>
      <level label="i">
        <text>The affected property is registered, the registration is renewed, or the registration is updated;</text>
      </level>
      <level label="ii">
        <text>The Department has not initiated an enforcement action for violation of this subtitle before the date upon which the property is registered or the registration is renewed or updated; and</text>
      </level>
      <level label="iii">
        <text>All of the owner’s affected properties have been brought into compliance with this subtitle and 65% of the owner’s affected properties have been certified in compliance with the full risk reduction standards in accordance with §§ 6-815 and 6-817(b) of this subtitle.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>An owner who fails to renew or update a registration as required under § 6-812 of this subtitle within 90 days after the date specified shall be deemed to be out of compliance with the provisions of this subtitle, with respect to each affected property to which that renewal or update relates, for purposes of § 6-836 of this subtitle on the 91st day after the date the renewal or update was required.</text>
  </level>
</section>
