PART II. PENALTIES

 

§342D-30  Civil penalties.  (a)  Anyperson who violates this chapter, any rule, or any term or condition of apermit or variance issued pursuant to this chapter shall be fined not more than$25,000 for each separate offense.  Each day of each violation shall constitutea separate offense.  Any action taken in court to impose or collect the penaltyprovided for in this section shall be considered a civil action.  Indetermining the amount of a civil penalty the court shall consider theseriousness of the violation or violations, the economic benefit, if any,resulting from the violation, any history of these violations, any good-faithefforts to comply with the applicable requirements, the economic impact of thepenalty on the violator, and any other matters that justice may require.  Itshall be presumed that the violator’s economic and financial conditions allowpayment of the penalty, and the burden of proof of the contrary is on theviolator.

(b)  Any person who denies, obstructs, orhampers the entrance or inspection by any duly authorized officer or employeeof the department of any building, place, or vehicle that the officer oremployee is authorized to enter and inspect shall be fined not more than$10,000 for each day of denial, obstruction, or hampering.  Any action taken incourt to impose or collect the penalty provided for in this subsection shall beconsidered a civil action. [L 1989, c 212, pt of §2; am L 1991, c 157, §12; amL 1995, c 180, §12; am L 1997, c 147, §2; am L 1999, c 193, §8]