§179D-8  Violations; penalties. 
(a)  Except as otherwise provided by law, the board may set, charge, and
collect administrative penalties and recover administrative fees and costs,
including attorney's fees and costs, or bring legal action to recover administrative
penalties, fees, and costs, including attorney's fees and costs, or payment for
damages or for the cost to correct damages resulting from a violation of this
chapter or any rule, order, or condition adopted, issued, or required under
this chapter.  The administrative penalty shall not exceed $25,000 per day of a
violation, and each day during which the violation continues shall constitute
an additional, separate, and distinct violation.  The board shall effectuate
rules, procedures, and fee schedules to carry out the purposes of this section.



(b)  Any person who negligently or after
written notice to comply, violates this chapter or any rule, order, or
condition adopted, issued, or required under this chapter, or knowingly
obstructs, hinders, or prevents the department's agents or employees from
performing duties under this chapter, shall be guilty of a class C felony, and
upon conviction thereof, shall be punished as follows:



(1)  For a first conviction, by a mandatory fine of
not less than $2,500 but not more than $25,000 per day of violation,
imprisonment, or both; and



(2)  For a second or subsequent conviction, by a
mandatory fine of not less than $5,000 but not more than $50,000 per day of
violation, imprisonment, or both.



(c)  Any criminal action against a person for
any violation of this chapter shall not preclude the State from pursuing civil
legal action to recover administrative penalties, fees, and costs against that
person.  Any civil action against a person to recover administrative penalties,
fees, and costs for any violation of this chapter or any rule, order, or
condition adopted, issued, or required under this chapter shall not preclude
the State from pursuing any criminal action against that person.



(d)  With the assistance of the attorney
general, the board may seek an injunction and damages in the enforcement of
this chapter.



(e)  All penalties, fees, and costs collected
pursuant to this section or rules adopted by the board pursuant to this
chapter, shall be deposited in the dam and reservoir safety special fund. [L
1987, c 199, pt of §1; am L 2007, c 262, §9]