Maryland § 9-2512

§ 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.