(a) (1) In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle relating to water appropriation and use or any rule, regulation, order, or permit adopted or issued under any such provision is liable for a civil penalty not exceeding $5,000 per violation to be collected in a civil action brought by the Department.
(2) Each day a violation occurs or continues is a separate violation under this subsection.
(3) (i) Before bringing a civil action against a local government under this subsection, the Department shall meet and consult with the local government to seek an alternative resolution to the contested issue.
(ii) Prior consultation by the Department with the local government shall constitute compliance with this subsection.
(b) A person who violates a provision of this subtitle or a regulation adopted under this subtitle is subject to the penalties provided in § 9–343 of this article.
(c) All funds collected by the Department under this section, including any civil penalty or any fine imposed by a court under the provisions of this section, shall be paid into the Maryland Clean Water Fund.
Structure Maryland Statutes
Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams
Section 5-501 - Policy of State; Subtitle Supplemental to Existing Laws
Section 5-502 - Permit to Appropriate or Use State Waters
Section 5-503 - Permit to Construct or Repair Reservoirs, Dams, or Waterway Obstructions
Section 5-503.1 - Emergency Action Plans for Dams
Section 5-505 - Material to Accompany Applications for Permits
Section 5-506 - Processing Applications; Hearings
Section 5-507 - Grant or Denial of Permits; Conditions of Permits
Section 5-510 - Permit Time Limits to Begin and Complete Work
Section 5-511 - Periodic Review of Appropriation and Use of Water; Correction of Permits
Section 5-512 - Application and Construction of Subtitle
Section 5-513 - Enforcement of Subtitle by Injunction
Section 5-514 - Penalty for Violation of Subtitle