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Terms Used In Maryland Code, ENVIRONMENT 16-502

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a) (1) A person who violates any provision of this title or any regulation, permit, license, or order issued under this title shall be liable for a penalty not exceeding $10,000, which may be recovered in a civil action.

(2) In imposing a penalty under this subsection, the court may consider the factors in § 9-342(b)(2)(ii) of this article and any other relevant factors.

(b) The circuit court may issue an injunction requiring the person to cease the violation and restore the area unlawfully dredged or filled.

(c) Before taking any civil action to recover a penalty under subsection (a) of this section, the Department shall provide the person alleged to have violated this title with written notice of the proposed penalty and an opportunity for an informal meeting concerning settlement of the proposed civil action.