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AMERICAN RECOVERY CO. v. DEP'T OF HEALTH

No. 116, September Term, 1984.

306 Md. 12 (1986)

506 A.2d 1171

AMERICAN RECOVERY COMPANY, INC. v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE.

Court of Appeals of Maryland.

April 4, 1986.

Attorney(s) appearing for the Case

Warren K. Rich (Stephen P. Kling, William Roger Truitt and Niles, Barton & Wilmer, on brief), Annapolis, for appellant.

James J. Lyko, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen. and Michael C. Powell, Asst. Atty. Gen., on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland (retired) and THEODORE G. BLOOM, Associate Judge of the Court of Special Appeals, Specially Assigned.

COLE, Judge.

The primary question we shall decide in this case is whether former § 8-1416(d) of the Natural Resources Article1 requires a showing of actual harm to the environment before a civil penalty may be assessed for a violation of Maryland's hazardous waste laws.

Appellant, American Recovery Company, Inc. (ARC), is a Maryland corporation licensed by appellee, the Department of Health and Mental Hygiene (DHMH), to store...

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