(a) Except as otherwise provided under subsections (b) and (c) of this section, the provisions of §§ 9-334 through 9-344 of this title apply to enforce violations of: (1) This subtitle; (2) Any regulation adopted under this subtitle; or (3) Any order issued under this subtitle. (b) (1) A producer or producer responsibility organization that violates this subtitle is subject to: (i) For a first violation, an administrative penalty of $5,000; (ii) For a second violation, an administrative penalty of $10,000; and (iii) For a third or subsequent violation, a civil penalty of $20,000. (2) A penalty may not be imposed on a producer under this section unless: (i) The Department first issues a written notice of violation to the producer; and (ii) The violation is not corrected within 60 days after receipt of the written notice. (3) After the 60-day period specified under paragraph (2) of this subsection, each day that a violation continues is a separate violation. (c) If, based on the annual report submitted under § 9-2509 of this subtitle, the performance goals established under § 9-2505(c)(1)(iii) of this subtitle have not been achieved, the Department may impose an administrative penalty, not to exceed $250,000, on the producer responsibility organization. (d) Any penalty collected by the Department under this section shall be paid into the State Recycling Trust Fund established under § 9-1707 of this title.
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