§ 9-2512

Md. Code, Environment § 9-2512, under Article — Environment.

Md. Code, Environment § 9-2512

(a) Except as otherwise provided under subsections (b) and (c) of this section, the provisions of §§ 9-334 through 9-344 of this title apply to enforce violations of:

(1) This subtitle;

(2) Any regulation adopted under this subtitle; or

(3) Any order issued under this subtitle.

(b) (1) A producer or producer responsibility organization that violates this subtitle is subject to:

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

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

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

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

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

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

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

(c) If, based on the annual report submitted under § 9-2509 of this subtitle, the performance goals established under § 9-2505(c)(1)(iii) of this subtitle have not been achieved, the Department may impose an administrative penalty, not to exceed $250,000, on the producer responsibility organization.

(d) Any penalty collected by the Department under this section shall be paid into the State Recycling Trust Fund established under § 9-1707 of this title.