# COMAR Title 26 — Department of the Environment

## Subtitle 04 — Regulation of Water Supply, Sewage Disposal, Solid Waste, and Recyclable Materials

### Chapter 14 — Packaging and Paper Products—Producer Responsibility

#### Regulation .11 Enforcement Provision.

*COMAR 26.04.14.11*

A. The Department may take enforcement action for failure to comply with:

  (1) The requirements of this chapter; or

  (2) Any order issued under
                    Environment Article, §9-2505, Annotated Code of Maryland.

B. Penalties.

  (1) A producer or PRO that violates
                    Environment Article, §9-2505, Annotated Code of Maryland or this chapter is subject to:

    (a) For a first violation, an administrative penalty of $5,000;

    (b) For a second violation, an administrative penalty of $10,000; and

    (c) For a third or subsequent violation, a civil penalty of $20,000.

  (2) A penalty may not be imposed on a producer or PRO under this regulation unless:

    (a) The Department first issues a written notice of violation to the producer or PRO; and

    (b) The violation is not corrected within 60 days after receipt of written notice.

  (3) After the 60-day period specified under B(2) of this regulation, each day that the violation continues is a separate violation.

  (4) Any penalties collected by the Department under this regulation shall be paid into the State Recycling Trust Fund established under
                    Environment Article, §9-1707, Annotated Code of Maryland