§340E-8  Penalties and remedies.  (a) 
Any person who violates section 340E-7 shall be administratively or civilly
penalized not more than $25,000 per day for each violation.



(b)  Any person who wilfully violates section
340E-7(g) shall be criminally fined not more than $25,000 per day for each
violation and may be imprisoned for not more than three years.



(c)  Any person may be enjoined from any
violation of section 340E-7.



(d)  The director may enforce this part in
either administrative or judicial proceedings:



(1)  Administrative.  If the director determines that
any person has violated or is violating any provision of this part, any rule
adopted thereunder, or any variance, exemption, permit, or other written
authorization issued pursuant thereto, the director may have that person served
with a notice of violation and an order.  The notice shall specify the alleged
violation.  The order may require that the alleged violator do any or all of
the following:  cease the violation, pay an administrative penalty as specified
in this section, or appear before the director at a time and place specified in
the order and answer the charges complained of.  The order shall become final
twenty days after service unless within those twenty days the alleged violator requests
in writing a hearing before the director.  Upon the request, the director shall
specify a time and place for the alleged violator to appear.  When the director
issues an order for immediate action to protect the public health from an
imminent and substantial danger, the department shall provide an opportunity
for a hearing within twenty-four hours after service of the order.  After a
hearing pursuant to this subsection, the director may affirm, modify, or
rescind the director’s order as the director deems appropriate.  The director
may institute a civil action in any court of appropriate jurisdiction for the
enforcement of any order issued pursuant to this subsection.  In any judicial
proceeding to collect the administrative penalty imposed, the director need
only show that:



(A)  Notice was given;



(B)  A hearing was held or the time granted for
a hearing expired without a request for a hearing;



(C)  The penalty was imposed; and



(D)  The penalty remains unpaid.



(2)  Judicial.  The director may institute a civil
action in any court of appropriate jurisdiction for injunctive and other relief
to prevent violation of this part or any order or regulation issued pursuant to
this part, impose and collect civil penalties, collect administrative penalties,
or obtain other relief in addition to any other remedy provided for under this
section.



(e)  Any person who violates section 340E-6
shall be administratively or civilly penalized not more than $25,000 per day
for each violation.



(f)  Any person who fails to comply with any
action taken by the director pursuant to section 340E-4 shall be civilly
penalized not more than $25,000 for each day of failure to comply. [L 1976, c
84, pt of §1; am L 1981, c 12, §2; gen ch 1985; am L 1987, c 165, pt of §1; am
L 1995, c 180, §1; am L 2000, c 84, §1]



 



Revision Note



 



  In subsection (d), "part" substituted for
"chapter".