[§200-14.5]  General administrative
penalties.  (a)  Except as otherwise provided by law, the board is
authorized to set, charge, and collect administrative fines and to recover
administrative fees and costs, including attorney's fees and costs, or bring legal
action to recover administrative fines and 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 subtitle 8 of title 12 or any rule adopted
thereunder.  Each day or instance of violation shall constitute a separate
offense.



(b)  For violations involving pollution of the
waters of the State, the administrative fine shall be as follows:



(1)  For a first violation or a violation beyond five
years of a previous violation, a fine of not more than $10,000;



(2)  For a second violation within five years of a
previous violation, by a fine of not more than $15,000; and



(3)  For a third or subsequent violation within five
years of the last violation, by a fine of not more than $25,000.



(c)  For all other violations the
administrative fine shall be as follows:



(1)  For a first violation or a violation beyond five
years of a previous violation, a fine of not more than $5,000;



(2)  For a second violation within five years of a previous
violation, by a fine of not more than $10,000; and



(3)  For a third or subsequent violation within five
years of the last violation, by a fine of not more than $15,000.



(d)  Any criminal action against a person for
any violation of subtitle 8 of title 12 or any rule adopted thereunder shall
not preclude the State from pursuing civil legal action to recover
administrative fines, fees and costs, or damages against that person.  Any
civil legal action to recover administrative fines, fees and costs, or damages
for any violation of subtitle 8 of title 12 or any rule adopted thereunder
shall not preclude the State from pursuing any appropriate criminal action
against that person.  All fines, fees and costs, or damages recovered by the
department under this section shall be deposited in the boating special fund.
[L 1999, c 41, §1]