State Codes and Statutes
Statutes > Maryland > Environment > Title-7 > Subtitle-2 > 7-266-1§ 7-266.1. Civil penalties - Punitive damages.
(a) In general.- In addition to being subject to penalties under §§ 7-266 and 7-267 of this subtitle and cost recovery under § 7-221 of this subtitle, a responsible person who fails without sufficient cause to comply with a final order issued under this subtitle is subject to punitive damages, not exceeding three times the amount of any costs that are incurred by the State:
(1) After the date of the final decision as provided in subsection (b) of this section; and
(2) As a result of the responsible person's failure to comply with the final order.
(b) Procedure.-
(1) Before seeking the punitive damages authorized by subsection (a) of this section, the Department shall issue to the responsible person a determination that the responsible person failed without sufficient cause to comply with a final order issued under this subtitle.
(2) A responsible person subject to a determination issued by the Department under paragraph (1) of this subsection is entitled to a contested case hearing to determine whether the responsible person had sufficient cause for the failure to comply with the final order.
(3) Following a final decision upholding the determination issued by the Department, the State may commence a civil action against the responsible person to recover the punitive damages.
[2004, chs. 72, 73.]
