(A) Any person violating the provisions of this article shall, upon conviction, be deemed guilty of a misdemeanor and upon conviction thereof may be punished by a fine not to exceed $200.
(B) Any owner or operator who fails to take such action as may be reasonable and necessary to avoid pollution of any stream, lake, river or creek, except as otherwise provided by law, or who violates any rule of the Zoning Administrator adopted to prevent water pollution from swine feeding operations pursuant to this article shall, upon conviction, be deemed guilty of a misdemeanor, and upon conviction thereof may be punished by a fine of $500 to $1,000 for each violation by imprisonment in the county jail for not more than 90 days for each violation.
(C) Any person assessed an administrative or civil penalty may be required to pay, in addition to such penalty amount and interest thereon, costs associated with the collection of such penalties.
(D) The County Attorney or state's attorney, as appropriate, may bring an action in a court of competent jurisdiction for the prosecution of a violation by any person of a provision of this article, or order, or permit, issued pursuant thereto.
(E) (1) Any action for injunctive relief to redress or restrain a violation by any person of this article, or order, or permit, issued pursuant thereto or recovery of any administrative or civil penalty assessed pursuant to this article may be brought by the County Attorney.
(2) The court shall have jurisdiction to determine said action, and to grant the necessary or appropriate relief, including, but not limited to, mandatory prohibitive injunctive relief, interim equitable relief, and punitive damages.
(F) Except as otherwise provided by law, administrative and civil penalties shall be paid to the Treasurer for Frederick County, Maryland.
(G) In determining the amount of a civil penalty or administrative penalty, the court or the Zoning Administrator, as the case may be, shall consider such factors as the nature, circumstances and gravity of the violation or violations, the economic benefit, if any, resulting to the defendant from the violation, the history of such violations, any good faith efforts to comply with the applicable requirements, the economic impact of the penalty on the defendant, the defendant's degree of culpability, and such other matters as justice may require.
(H) For the purposes of this section, each day upon which a violation is committed or is permitted to continue shall be deemed a separate offense.
(I) In addition to other penalties as may be imposed by law, any person who knowingly makes any false statement, representation or certification in any water pollution form, notice or report, or who knowingly renders inaccurate any monitoring device or method required to be maintained by any water pollution rules promulgated by the Zoning Administrator shall, upon conviction, be guilty of a misdemeanor and may be subject to a fine of not more than $1,000 for each such violation.
(Ord. 00-29-271, 9-14-2000; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)