[§6D-11]  General administrative penalties. (a)  Except as otherwise provided by law, the board or its authorizedrepresentative by proper delegation, with respect to a violation of thischapter or any rule adopted or permit issued in accordance with this chapter,may:

(1)  Set, pursuant to subsection (b), charge, andcollect administrative fines or bring legal action to recover administrativefees and costs, as documented by receipts or affidavit, including attorneys'fees and costs; or

(2)  Bring legal action to recover administrativefines, fees, and costs, including attorneys' fees and costs, payment fordamages, or for the cost to correct damages, resulting from violation of thischapter or any rule adopted or permit issued in accordance with this chapter.

(b)  Administrative fines shall be as follows:

(1)  For a first violation, a fine of not more than$10,000 for each separate offense;

(2)  For a second violation within five years of aprevious violation, a fine of not more than $15,000; and

(3)  For a third or subsequent violation within fiveyears of the last violation, a fine of not more than $30,000. [L 2002, c 241,pt of §2]