11.30.100 Penalties and appeals.
(a) Penalties.
(1) Pursuant to the provisions of the Public Utilities Article, § 29-101, Annotated Code of Maryland, any person who violates any provision of this chapter is guilty of a Commission infraction and upon receipt of a citation by the Commission shall pay to the Commission a civil monetary fine in the amount set forth herein. Each day that a violation remains uncorrected is a separate Commission infraction subject to an additional citation and fine. The civil monetary fine for a Commission infraction shall be $250.00.
For a repeated infraction, the following fines shall apply:
(i) Second violation: $500.00.
(ii) Third violation: $750.00.
(iii) Each violation in excess of three: $1,000.
(2) Any agency whose approval is required under this chapter or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this chapter.
(3) In addition to any other sanction under this chapter, a person is liable for a civil penalty as provided in this subsection if the person:
(i) Clears, grades, transports, or otherwise disturbs land without first installing erosion and sediment controls in accordance with an erosion and sediment plan or permit; or
(ii) Fails to establish erosion and sediment controls in accordance with an erosion and sediment plan or permit within the time specified by an order issued by the Commission or to maintain those erosion and sediment controls.
(4) The Commission may recover a civil penalty under this subsection in a civil action in an amount equal to double the cost of:
(i) The installation of erosion and sediment controls in accordance with an erosion and sediment plan or permit;
(ii) Maintaining erosion and sediment controls in accordance with an erosion and sediment control plan or permit; and
(iii) The permanent restoration of the disturbed land to a stable condition.
(5) The Commission may recover a civil penalty under this subsection on proof of costs as specified herein, without the necessity of proving that the Commission performed work or incurred expenses. If the person has made the required corrections within the time specified by an order issued by the Commission, the Commission may recover a civil penalty under this subsection in an amount equal to not more than 50 percent of the costs specified herein.
(6) Any damages recovered in accordance with this subsection shall be deposited in a special fund, to be used solely for:
(i) Correcting to the extent possible the failure to implement or maintain erosion and sediment controls on utility construction sites; and
(ii) Administration of the program.
(b) Appeals. Any person aggrieved by the decision to issue a stop work notice for a project may request reconsideration of the decision by appeal process of the Commission. The request for reconsideration shall specify, in writing, the reason why the stop work order notice should be reconsidered. (REG-IFSM-EC-2014-002 § X)