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

(b)  Any person who wilfully violates section340E-7(g) shall be criminally fined not more than $25,000 per day for eachviolation and may be imprisoned for not more than three years.

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

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

(1)  Administrative.  If the director determines thatany person has violated or is violating any provision of this part, any ruleadopted thereunder, or any variance, exemption, permit, or other writtenauthorization issued pursuant thereto, the director may have that person servedwith a notice of violation and an order.  The notice shall specify the allegedviolation.  The order may require that the alleged violator do any or all ofthe following:  cease the violation, pay an administrative penalty as specifiedin this section, or appear before the director at a time and place specified inthe order and answer the charges complained of.  The order shall become finaltwenty days after service unless within those twenty days the alleged violator requestsin writing a hearing before the director.  Upon the request, the director shallspecify a time and place for the alleged violator to appear.  When the directorissues an order for immediate action to protect the public health from animminent and substantial danger, the department shall provide an opportunityfor a hearing within twenty-four hours after service of the order.  After ahearing pursuant to this subsection, the director may affirm, modify, orrescind the director’s order as the director deems appropriate.  The directormay institute a civil action in any court of appropriate jurisdiction for theenforcement of any order issued pursuant to this subsection.  In any judicialproceeding to collect the administrative penalty imposed, the director needonly show that:

(A)  Notice was given;

(B)  A hearing was held or the time granted fora 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 civilaction in any court of appropriate jurisdiction for injunctive and other reliefto prevent violation of this part or any order or regulation issued pursuant tothis part, impose and collect civil penalties, collect administrative penalties,or obtain other relief in addition to any other remedy provided for under thissection.

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

(f)  Any person who fails to comply with anyaction taken by the director pursuant to section 340E-4 shall be civillypenalized not more than $25,000 for each day of failure to comply. [L 1976, c84, pt of §1; am L 1981, c 12, §2; gen ch 1985; am L 1987, c 165, pt of §1; amL 1995, c 180, §1; am L 2000, c 84, §1]

 

Revision Note

 

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