73-5a-702. Civil penalties -- Costs -- Civil liability.
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73-5a-702. Civil penalties -- Costs -- Civil liability.
(1)Any person who violates this chapter or any lawful notice or order issued pursuant to this chapter shall be assessed a penalty not to exceed $5,000 per violation in a civil proceeding.
(2)In the case of a continuing violation, each day that the violation continues constitutes a separate and distinct offense.
(3)Any person who violates this chapter shall be liable for any expenses incurred by the state engineer in abating any violation of this chapter.
(4)A penalty assessment under this chapter does not relieve the person assessed from civil liability for claims arising out of any act which was also a violation.
Enacted by Chapter 319 , 1990 General Session