<?xml version='1.0' encoding='utf-8'?>
<section article="gen" article_name="Environment" number="9-413" title_number="9" title_name="Water, Ice, and Sanitary Facilities" subtitle_number="4" subtitle_name="Drinking Water">
  <level label="a">
    <text>A person who willfully violates § 9–412(a)(4) or (5) of this subtitle is subject to a civil penalty of up to $5,000 for each day on which the violation exists.</text>
  </level>
  <level label="b">
    <text>A person who violates § 9–412(a)(1), (2), or (3) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 for each day on which the violation occurs or failure to comply continues.</text>
  </level>
  <level label="c">
    <text>In an action brought in the appropriate court to enforce the order, a person who willfully violates or fails or refuses to comply with any order issued by the Secretary under this subtitle may be fined not more than $5,000 for each day on which the violation occurs or failure to comply continues.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>In addition to any other remedies available at law 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 order, regulation, or plan adopted or issued under this subtitle.</text>
    </level>
    <level label="2">
      <text>The penalty imposed on a supplier of water serving a population of more than 10,000 under this subsection shall be:</text>
      <level label="i">
        <text>Up to $1,000 per day for each violation, but not exceeding $25,000 total for each violation; and</text>
      </level>
      <level label="ii">
        <text>Assessed with consideration given to:</text>
        <level label="1">
          <text>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;</text>
        </level>
        <level label="2">
          <text>Any actual harm to the environment or to human health, including injury to or impairment of the use of the waters of this State or the natural resources of the State;</text>
        </level>
        <level label="3">
          <text>The cost of cleanup and the cost of restoration of natural resources;</text>
        </level>
        <level label="4">
          <text>The nature and degree of injury to or interference with general welfare, health, and property;</text>
        </level>
        <level label="5">
          <text>The extent to which the location of the violation, including location near waters of this State or areas of human population, creates the potential for harm to the environment or to human health or safety;</text>
        </level>
        <level label="6">
          <text>The available technology and economic reasonableness of controlling, reducing, or eliminating the violation;</text>
        </level>
        <level label="7">
          <text>The degree of hazard posed by the particular pollutant or pollutants involved;</text>
        </level>
        <level label="8">
          <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="9">
          <text>Whether or not penalties were assessed or will be assessed under other provisions of this subtitle.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>The penalty imposed on a supplier of water serving a population of 3,301 to 10,000 under this subsection shall be:</text>
      <level label="i">
        <text>Up to $500 per day for each violation, but not exceeding $12,500 total for each violation; and</text>
      </level>
      <level label="ii">
        <text>Assessed with consideration given to the factors set forth in paragraph (2)(ii) of this subsection.</text>
      </level>
    </level>
    <level label="4">
      <text>The penalty imposed on a supplier of water serving a population of 501 to 3,300 under this subsection shall be:</text>
      <level label="i">
        <text>Up to $250 per day for each violation, but not exceeding $6,250 total for each violation; and</text>
      </level>
      <level label="ii">
        <text>Assessed with consideration given to the factors set forth in paragraph (2)(ii) of this subsection.</text>
      </level>
    </level>
    <level label="5">
      <text>The penalty imposed on a supplier of water serving a population of 500 or less under this subsection shall be:</text>
      <level label="i">
        <text>Up to $100 per day for each violation, but not exceeding $5,000 total for each violation; and</text>
      </level>
      <level label="ii">
        <text>Assessed with consideration given to the factors set forth in paragraph (2)(ii) of this subsection.</text>
      </level>
    </level>
    <level label="6">
      <text>Each day a violation occurs is a separate violation under this subsection.</text>
    </level>
    <level label="7">
      <text>Any penalty imposed under this subsection is payable to the State and collectible in any manner provided at law for the collection of penalties.</text>
    </level>
    <level label="8">
      <text>All penalties collected under this subtitle shall be paid into the Maryland Clean Water Fund created under § 9–320 of this title.</text>
    </level>
  </level>
</section>
