49-304. Penalty for groundwater protection data
gap
A. A registrant of a pesticide is subject to a penalty of up to ten thousand
dollars for each day that a groundwater protection data gap exists unless the information
was waived pursuant to section 49-302, subsection D or a conditional registration was
granted pursuant to section 49-310. In determining the amount of the penalty, the
following shall be considered:
1. The extent to which the registrant has made every effort to submit the valid,
complete and adequate information.
2. Circumstances beyond the control of the registrant that have prevented the
registrant from submitting valid, complete and adequate information.
B. If there is a dispute between the director and a registrant regarding the
existence of a groundwater protection data gap, the director or registrant shall submit
the issues of the dispute to the water quality appeals board pursuant to section
49-323. The water quality appeals board shall review the evidence submitted by the
registrant and the director and make recommendations to the director on whether or not
the groundwater protection data gap exists.
C. The attorney general may enforce this section.
D. Any monetary penalties obtained under this section shall be deposited, pursuant
to sections 35-146 and 35-147, in the state general fund.
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