§128D-8  Civil penalties.  (a) Any person who is liable for a release, or threat of a release, of hazardoussubstances, and who fails, without sufficient cause, to properly provideremoval or remedial action pursuant to an administrative order issued by thedirector, may be liable to the department for punitive damages up to threetimes the amount of any costs incurred by the fund pursuant to this chapter asa result of the failure to perform the actions specified in the order.  Thedirector is authorized to commence a civil action against any such person torecover the punitive damages, which shall be in addition to any costs recoveredfrom such person pursuant to section 128D-5.

(b)  In addition to liability for costsincurred by the State for the investigation, assessment, containment, andremoval of a release or a threat of a release of hazardous substances, anyperson who wilfully, knowingly, or recklessly violates or fails or refuses tocomply with any provision of this chapter, or any order issued, or rule adoptedunder this chapter, shall be subject to a civil penalty not to exceed $50,000for each separate violation.  Each day a violation continues shall constitute aseparate violation.  The director is authorized to commence a civil action inthe appropriate circuit court to recover such penalties.

(c)  Any rule issued pursuant to this chaptershall be adopted in accordance with chapter 91.

(d)  Civil penalties collected under thischapter shall be paid to the department for deposit into the revolving fund andmay be recovered in a civil action in a court of competent jurisdiction wherethe violation is alleged to have occurred.

(e)  In determining the amount of any civilpenalty assessed pursuant to this section, the court shall take into accountthe nature, circumstances, extent, and gravity of the violation or violationsand, with respect to the violator, ability to pay, any prior history of suchviolations, the degree of culpability, economic benefit of savings, if any,resulting from the violation, and such other matters as justice may require. The director may compromise and settle any claim for a penalty pursuant to thischapter. [L 1990, c 298, pt of §17; am L 1991, c 280, §§9, 10]