15.05.01.20

.20 Assessment of Civil Penalty.

A. If the Department determines that a person has violated any provision of the Maryland Pesticide Applicators Law, these regulations, or the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, it may impose a civil penalty of not more than $2,500 for a first violation and not more than $5,000 for each subsequent violation. The total penalties imposed on a person for violations that result from the same set of facts and circumstances may not exceed $25,000.

B. In assessing a civil penalty imposed under §A, of this regulation, the Department shall give consideration 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. A person may appeal under Agriculture Article, §2-405, Annotated Code of Maryland, the Department's decision to impose a penalty.

D. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty promptly to the Department.