2016 Maryland Code
Title 5 - Pesticide and Pest Control
Subtitle 2 - Pesticide Applicator's Law
§ 5-210.2. Civil penalties

MD Agric Code § 5-210.2 (2016) What's This?

(a) In general. --

(1) A person who violates any provision of this subtitle is subject to a civil penalty of not more than $ 2,500 for a first violation of this subtitle.

(2) A person who violates any provision of this subtitle is subject to a civil penalty of not more than $ 5,000 for each subsequent violation of this subtitle.

(3) Each day a violation under this subsection occurs is a separate violation.

(4) In addition to the denial, suspension, or revocation of the license, permit or certificate, the Secretary may impose a civil penalty on the holder of a license, permit, or certificate under paragraph (1) or (2) of this subsection for each violation of this subtitle.

(5) The total penalties imposed on a person for violations under this subtitle that result from the same set of facts and circumstances may not exceed $ 25,000.

(b) Assessment. -- The penalty imposed on a person under this section shall be assessed with consideration given to:

(1) The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

(2) Any actual harm to human health or to the environment including injury to or impairment of the use of the waters of this State or the natural resources of this State;

(3) The cost of control;

(4) The nature and degree of injury to or interference with general welfare, health, and property;

(5) The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health or safety; and

(6) 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.

(c) Payment into General Fund. -- Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.

(d) Rules and regulations. -- The Secretary shall establish such rules and regulations as are necessary to carry out the provisions of this section.

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