[§128E-11]  Penalties and fines.  (a) Any person who violates any of the emergency reporting, planning, ornotification requirements of section 128E-6 or 128E-7, or fails to pay the feesrequired by section 128E-9, shall be subject to a civil penalty of not lessthan $1,000 but not more than $25,000 for each separate offense.  Each day ofeach violation shall constitute a separate offense.

(b)  Any person who:

(1)  Knowingly fails to report the release of ahazardous substance or extremely hazardous substance, as required by section128E-7, shall be guilty of a misdemeanor and, upon conviction, be fined notless than $1,000 but not more than $25,000 for each separate offense, orimprisoned for not more than one year, or both.  For the purposes of this paragraph,each day of each violation shall constitute a separate offense; or

(2)  Intentionally obstructs or impairs, by force,violence, physical interference, or obstacle, a representative of thedepartment, a hazardous materials response team, or a committee attempting toperform the duties and functions set forth in section 128E-5, shall be guiltyof a misdemeanor and, upon conviction, be fined not less than $5,000 but notmore than $25,000 for each separate offense, or be imprisoned for not more thanone year, or both.

(c)  All moneys collected under this sectionshall be deposited in the state treasury and accrue to the credit of the stategeneral fund. [L 1993, c 300, pt of §1]