[§198D-13]  Criminal penalties.  (a) In addition to any other penalties, any person violating this chapter, any ruleadopted pursuant to this chapter, or the terms and conditions of any permitissued in accordance with this chapter shall be guilty of a petty misdemeanorand shall be fined not less than:

(1)  $100 for a first offense;

(2)  $200 for a second offense; and

(3)  $500 for a third or subsequent offense.

(b)  The fines specified in this section shallnot be suspended or waived.  Each day of each violation shall constitute aseparate offense.

(c)  Any criminal action against a person forany violation of this chapter or any rule adopted pursuant to this chaptershall not be deemed to preclude the State from pursuing civil legal action torecover administrative fines and costs against that person.  Any civil legalaction against a person to recover administrative fines and costs for anyviolation of this chapter or any rule adopted pursuant to this chapter shallnot be deemed to preclude the State from pursuing any criminal action againstthat person. [L 2001, c 34, pt of §1]