§339D-8  Enforcement.  (a)  Thedepartment may conduct audits and inspections to determine compliance underthis chapter.  Except as provided in subsection (c), the department and theattorney general shall be empowered to enforce this chapter and take necessaryaction against any electronic device or television manufacturer or retailer forfailure to comply with this chapter or rules adopted thereunder.

(b)  The attorney general may file suit in thename of the State to enjoin an activity related to the sale of coveredelectronic devices or covered televisions in violation of this chapter.

(c)  The department shall issue a warningnotice to a person for the person's first violation of this chapter.  Theperson shall comply with this chapter within sixty days of the date the warningnotice was issued or be subject to the penalties provided by law or rule,including, but not limited to, penalties set forth in subsections (d) through(g).  A retailer that receives a warning notice from the department for a violationof section 339D-3(a) or 339D-24(a) shall submit proof to the department, withinsixty days from the date the warning notice was issued, that its inventory ofcovered electronic devices or covered televisions offered for sale is incompliance with this chapter. 

(d)  Any retailer who sells or offers for salean unlabeled electronic device or unlabeled covered television in violation ofsection 339D-3 or 339D-24, respectively, or any electronic device or televisionmanufacturer that fails to comply with any provision of section 339D-4 or 339D-23,respectively, may be assessed a penalty of up to $10,000 for the firstviolation and up to $25,000 for the second and each subsequent violation, inaddition to any additional penalties required or imposed pursuant to thischapter.

(e)  Except as provided in subsection (d), anyperson who violates any requirement of this chapter may be assessed a penaltyof up to $1,000 for the first violation and up to $2,000 for the second andeach subsequent violation, in addition to any additional penalties required orimposed pursuant to this chapter.

(f)  The department shall determine additionalpenalties based on adverse impact to the environment, unfair competitiveadvantage, and other considerations that the department deems appropriate.

(g)  If a covered television manufacturer failsto recycle its market share allocation, the department shall impose a penaltyof 50 cents per pound for each pound not recycled. [L Sp 2008, c 13, ptof §2; am L 2009, c 183, §12]