§128D-8  Civil penalties.  (a) 
Any person who is liable for a release, or threat of a release, of hazardous
substances, and who fails, without sufficient cause, to properly provide
removal or remedial action pursuant to an administrative order issued by the
director, may be liable to the department for punitive damages up to three
times the amount of any costs incurred by the fund pursuant to this chapter as
a result of the failure to perform the actions specified in the order.  The
director is authorized to commence a civil action against any such person to
recover the punitive damages, which shall be in addition to any costs recovered
from such person pursuant to section 128D-5.



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



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



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



(e)  In determining the amount of any civil
penalty assessed pursuant to this section, the court shall take into account
the nature, circumstances, extent, and gravity of the violation or violations
and, with respect to the violator, ability to pay, any prior history of such
violations, 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 this
chapter. [L 1990, c 298, pt of §17; am L 1991, c 280, §§9, 10]