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

(b)  Any person who negligently or afterwritten notice to comply, violates this chapter or any rule, order, orcondition adopted, issued, or required under this chapter, or knowinglyobstructs, hinders, or prevents the department's agents or employees fromperforming duties under this chapter, shall be guilty of a class C felony, andupon conviction thereof, shall be punished as follows:

(1)  For a first conviction, by a mandatory fine ofnot 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 amandatory fine of not less than $5,000 but not more than $50,000 per day ofviolation, imprisonment, or both.

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

(d)  With the assistance of the attorneygeneral, the board may seek an injunction and damages in the enforcement ofthis chapter.

(e)  All penalties, fees, and costs collectedpursuant to this section or rules adopted by the board pursuant to thischapter, shall be deposited in the dam and reservoir safety special fund. [L1987, c 199, pt of §1; am L 2007, c 262, §9]