<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".27" citation="COMAR 15.20.13.27" title_num="15" subtitle_num="20" chapter_num="13" heading="Administrative Penalties.">
  <paragraph num="A.">
    <text>If the Department determines that a person has violated any provision of Agriculture Article, Title 8, Subtitle 8A, Annotated Code of Maryland, any regulation adopted thereunder, or any condition the permit issued to the person, the Department may impose a civil penalty up to $5,000 per day, not to exceed $50,000 in total penalties for that violation.</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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The extent to which the existence of the violation was known to the violator but uncorrected by the violator;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The extent to which the violator exercised reasonable care;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The extent the violation resulted in actual harm to the environment or to human health or safety;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The nature and degree of injury to or interference with general welfare, health, and property;</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; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The extent to which the violation creates the potential for harm to the environment or to human health or safety.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <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>