§ 6-905.6. Violations and penalties (Abrogation of section effective December 31, 2017.)

   (a) Criminal penalty. -- A person that violates any provision of § 6-905.4 or § 6-905.5 of this subtitle, or any regulation adopted to implement the provisions of § 6-905.4 or § 6-905.5 of this subtitle, is guilty of a misdemeanor and on conviction is subject to:

   (1) For a first offense, a fine not exceeding $ 1,000;

   (2) For a second offense, a fine not exceeding $ 2,500; and

   (3) For a third or subsequent offense, a fine not exceeding $ 5,000.

(b) Civil penalty. -- A person that violates any provision of § 6-905.4 or § 6-905.5 of this subtitle, or any regulation adopted to implement the provisions of § 6-905.4 or § 6-905.5 of this subtitle, is liable for a civil penalty to be collected in a civil action in the circuit court for any county in the State not exceeding:

   (1) $ 1,000 for a first offense;

   (2) $ 2,500 for a second offense; or

   (3) $ 5,000 for a third or subsequent offense.

(c) Fine; considerations. --

   (1) In addition to any other remedies available at law or in equity, after an opportunity for a hearing, the Department may impose a fine for each violation of § 6-905.4 or § 6-905.5 of this subtitle, or of any regulation adopted under § 6-905.4 or § 6-905.5 of this subtitle, not exceeding:

      (i) $ 1,000 for a first offense;

      (ii) $ 2,500 for a second offense; or

      (iii) $ 5,000 for a third or subsequent offense.

   (2) The Department shall consider the following in assessing the fine in paragraph (1) of this subsection:

      (i) The willfulness of the violation;

      (ii) The extent to which the violation was known, but uncorrected, by the violator;

      (iii) The extent to which the violation resulted in actual harm to human health or the environment;

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

      (v) The extent to which the current violation is part of a pattern of the same or similar type of violation by the violator.

(d) Each violation is a separate offense. -- Each day a violation continues is a separate offense under this section.

(e) Fines and penalties shall be deposited in Fund. -- Fines and penalties collected under this section shall be deposited in the State Recycling Trust Fund.