49-513

49-513. Violations; civil penalties

A. A person who violates any provision of this article, any permit or permit
condition issued pursuant to this article, any fee or filing requirement, any rule
adopted pursuant to this article, an effective order of abatement issued pursuant to this
article or any duty to allow or carry out inspection, entry or monitoring activities, is
subject to a civil penalty of not more than ten thousand dollars per day per
violation. The county attorney at the request of the control officer shall file an
action in superior court to recover penalties provided for in this section.

B. For purposes of determining the number of days of violation for which a civil
penalty may be assessed under this section, if the control officer has notified the
source of the violation and makes a prima facie showing that the conduct or events giving
rise to the violation are likely to have continued or recurred past the date of notice,
the days of violations shall be presumed to include the date of such notice and each day
thereafter until the violator establishes that continuous compliance has been achieved,
except to the extent that the violator can prove by a preponderance of the evidence that
there were intervening days during which no violation occurred or that the violation was
not continuing in nature. Notice under this section is accomplished by the issuance of a
notice of violation or order of abatement or by filing a complaint in superior court that
alleges any violation described in subsection A of this section.

C. In determining the amount of a civil penalty under this section, the court shall
consider all of the following:

1. The seriousness of the violation.

2. As an aggravating factor only, the economic benefit, if any, resulting from the
violation.

3. Any history of that violation.

4. Any good faith efforts to comply with the applicable requirements.

5. The economic impact of the penalty on the violator.

6. The duration of the violation as established by any credible evidence including
evidence other than the applicable test method.

7. Payment by the violator of penalties previously assessed for the same violation.

8. Other factors as the court deems relevant.

D. All penalties collected pursuant to this section shall be deposited in the
special public health fund authorized in section 49-480.