[§200-14.5]  General administrativepenalties.  (a)  Except as otherwise provided by law, the board isauthorized to set, charge, and collect administrative fines and to recoveradministrative fees and costs, including attorney's fees and costs, or bring legalaction to recover administrative fines and fees and costs, including attorney'sfees and costs, or payment for damages or for the cost to correct damagesresulting from a violation of subtitle 8 of title 12 or any rule adoptedthereunder.  Each day or instance of violation shall constitute a separateoffense.

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

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

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

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

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

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

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

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

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