49-1013

49-1013. Enforcement and penalties

A. If the director determines that a person is in violation of this chapter or the
rules adopted pursuant to this chapter the director may issue an order requiring
compliance within a reasonable time. A compliance order becomes final thirty days after
the order is served unless within thirty days of service the person named on the order
requests a hearing. A hearing shall be conducted pursuant to title 41, chapter 6, article
10. A compliance order that is the subject of a hearing as prescribed by this section
becomes final and subject to appeal on the decision of the director to uphold the
compliance order. Except as provided in section 41-1092.08, subsection H, the director's
final decision may be appealed by any party to the superior court pursuant to title 12,
chapter 7, article 6. A person becomes the subject of an enforcement proceeding pursuant
to this chapter when a compliance order against that person becomes final.

B. If the director issues a stop use order pursuant to section 49-1023, the owner
or operator may request a hearing within thirty days after the issuance of the stop use
order. A hearing shall be conducted pursuant to title 41, chapter 6, article 10. Except
as provided in section 41-1092.08, subsection H, the director's final decision may be
appealed by the owner or operator to the superior court pursuant to title 12, chapter 7,
article 6.

C. If a person fails to comply with a final order under this section within the
time specified in the order, the person is subject to a civil penalty of not to exceed
twenty-five thousand dollars for each day of continued noncompliance.

D. An owner who fails to notify or submits false information pursuant to section
49-1002 is subject to a civil penalty of not to exceed ten thousand dollars for each
underground storage tank for which notification is not given or false information is
submitted.

E. An owner or operator of an underground storage tank who fails to comply with any
of the requirements or standards of this chapter or who fails to comply with a stop use
order is subject to a civil penalty of not to exceed ten thousand dollars for each
underground storage tank for each day of violation.

F. A product deliverer as defined in section 49-1023 who fails to comply with the
requirements of section 49-1023, subsection A is subject to a civil penalty of not to
exceed ten thousand dollars for each underground storage tank for each violation.

G. The penalties provided for in this section shall not be cumulated with any
penalties sought and obtained by the department or the United States pursuant to title VI
of the hazardous and solid waste amendments of 1984 (P.L. 98-616; 98 Stat. 3221).

H. The director may file an action in the superior court to enforce this chapter
and to collect penalties for violations of this chapter. The director may seek all
appropriate relief including temporary and permanent injunctions.

I. All monies collected under the penalty provisions of this section shall be
deposited in the state general fund.