Regulation .04 Fees and Penalties.
Regulation .04 Fees and Penalties.LinkCopy Citation
A.
These regulations are not intended to alter a local jurisdiction’s authority to assess fines, as provided under the Maryland Constitution or the Express Powers Act.
B.
Each alleged violator who violates a provision of a local program shall be subject to separate fines for each offense in accordance with Natural Resources Article, §8-1808(c)(1)(iii)15, Annotated Code of Maryland, including:
(1)
Each violation constitutes a separate offense;
(2)
Each calendar day that a violation continues constitutes a separate offense; and,
(3)
Fines for a continuing violation shall accrue without a requirement for an additional assessment, notice, or opportunity for hearing for each separate offense.
C.
In determining the amount of the penalty to be assessed, a local jurisdiction shall consider:
(1)
The gravity of the violation;
(2)
Any willfulness or negligence involved in the violation;
(3)
The environmental impact of the violation; and
(4)
The cost of restoration of the resources affected by the violation and mitigation for damage to that resource.
D.
A jurisdiction shall require a bond or other financial security for restoration or mitigation that exceeds 1,000 square feet or $1,000, or adopt procedures approved by the Commission that ensure the restoration or mitigation is properly completed.