Sec. 41.06.180. Penalties.

493 words·~2 min read·/ak/title-41/chapter-6/41-06-180

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In addition to the penalties in

(b)—

(d)of this section, a person who violates a provision of AS 41.06.105 — 41.06.210, a regulation adopted under AS 41.06.105 — 41.06.210, or an order or term of a permit issued by the commission under AS 41.06.105 — 41.06.210 is liable for a civil penalty of not more than $100,000 for the initial violation and not more than $10,000 for each day thereafter on which the violation continues.

(b)A person who knowingly commits an act specified in AS 11.46.630

(a)for the purpose of evading a provision of AS 41.06.105 — 41.06.210, a regulation adopted under AS 41.06.105 — 41.06.210, or an order, stipulation, or term of a permit issued by the commission is guilty of a class A misdemeanor.

(c)A person who knowingly violates a provision of AS 41.06.105 — 41.06.210, a regulation adopted under AS 41.06.105 — 41.06.210, or an order, stipulation, or term of a permit issued by the commission is guilty of a class A misdemeanor punishable by a fine of not more than $10,000 a day for each day of violation.

(d)A person who knowingly aids or abets another person in the violation of a provision of AS 41.06.105 — 41.06.210, a regulation adopted under AS 41.06.105 — 41.06.210, or an order, stipulation, or term of a permit issued by the commission is subject to the same penalty as that prescribed in this section for the violation by the other person.

(e)The commission may assess the civil penalties provided in this section, and, if not paid, the penalties are recoverable by suit filed by the attorney general in the name and on behalf of the commission in the superior court. The payment of a penalty does not relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of the violation.

(f)In determining the amount of a penalty assessed under

(a)of this section, the commission shall consider

(1)the extent to which the person committing the violation was acting in good faith in attempting to comply;

(2)the extent to which the person committing the violation acted in a wilful or knowing manner;

(3)the extent and seriousness of the violation and the actual or potential threat to public health or the environment;

(4)the economic or environmental harm or injury to the public caused by the violation;

(5)the economic value or other benefits derived by the person committing the violation from the commission of the violation;

(6)any history of previous violations by the person committing the violation;

(7)the need to deter similar behavior by the person committing the violation and others similarly situated at the time of the violation or in the future;

(8)the effort made by the person committing the violation to correct the violation and prevent future violations; and

(9)other matters justice requires.