<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".20" citation="COMAR 15.05.01.20" title_num="15" subtitle_num="05" chapter_num="01" heading="Assessment of Civil Penalty.">
  <paragraph num="A.">
    <text>If the Department determines that a person has violated any provision of the Maryland Pesticide Applicators Law, these regulations, or the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, it may impose a civil penalty of not more than $2,500 for a first violation and not more than $5,000 for each subsequent violation. The total penalties imposed on a person for violations that result from the same set of facts and circumstances may not exceed $25,000.</text>
  </paragraph>
  <paragraph num="B.">
    <text>In assessing a civil penalty imposed under §A, of this regulation, the Department shall give consideration to:</text>
    <paragraph num="(1)">
      <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>
    </paragraph>
    <paragraph num="(2)">
      <text>Any actual harm to human health or to the environment including injury to or impairment of the use of the waters of this State or the natural resources of this State;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The cost of control;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The nature and degree of injury to or interference with general welfare, health, and property;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health or safety; and</text>
    </paragraph>
    <paragraph num="(6)">
      <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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A person may appeal under Agriculture Article, §2-405, Annotated Code of Maryland, the Department's decision to impose a penalty.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty promptly to the Department.</text>
  </paragraph>
</regulation>