§340E-8 Penalties and remedies.

519 words·~2 min read·/hi/340e-8

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

(a)Any person who violates section 340E-7 shall be administratively or civilly penalized not more than $25,000 per day for each violation.

(b)Any person who wilfully violates section 340E-7(g) shall be criminally fined not more than $25,000 per day for each violation and may be imprisoned for not more than three years.

(c)Any person may be enjoined from any violation of section 340E-7.

(d)The director may enforce this part in either administrative or judicial proceedings:

(1)Administrative. If the director determines that any person has violated or is violating any provision of this part, any rule adopted thereunder, or any variance, exemption, permit, or other written authorization issued pursuant thereto, the director may have that person served with a notice of violation and an order. The notice shall specify the alleged violation. The order may require that the alleged violator do any or all of the following: cease the violation, pay an administrative penalty as specified in this section, or appear before the director at a time and place specified in the order and answer the charges complained of. The order shall become final twenty days after service unless within those twenty days the alleged violator requests in writing a hearing before the director. Upon the request, the director shall specify a time and place for the alleged violator to appear. When the director issues an order for immediate action to protect the public health from an imminent and substantial danger, the department shall provide an opportunity for a hearing within twenty-four hours after service of the order. After a hearing pursuant to this subsection, the director may affirm, modify, or rescind the director's order as the director deems appropriate. The director may institute a civil action in any environmental court of appropriate jurisdiction for the enforcement of any order issued pursuant to this subsection. In any judicial proceeding to collect the administrative penalty imposed, the director need only show that:

(A)Notice was given;

(B)A hearing was held or the time granted for a hearing expired without a request for a hearing;

(C)The penalty was imposed; and

(D)The penalty remains unpaid.

(2)Judicial. The director may institute a civil action in any environmental court of appropriate jurisdiction for injunctive and other relief to prevent violation of this part or any order or regulation issued pursuant to this part, impose and collect civil penalties, collect administrative penalties, or obtain other relief in addition to any other remedy provided for under this section.

(e)Any person who violates section 340E-6 shall be administratively or civilly penalized not more than $25,000 per day for each violation.

(f)Any person who fails to comply with any action taken by the director pursuant to section 340E-4 shall be civilly penalized not more than $25,000 for each day of failure to comply. [L 1976, c 84, pt of §1; am L 1981, c 12, §2; gen ch 1985; am L 1987, c 165, pt of §1; am L 1995, c 180, §1; am L 2000, c 84, §1; am L 2014, c 218, §8]