§342J-9  Penalties.  (a)  Any person whoviolates this chapter, any rule adopted pursuant to this chapter, or any termor condition of a permit or variance issued pursuant to this chapter shall befined not more than $25,000 for each separate offense.  Each day of eachviolation shall constitute a separate offense.  Any action taken in court toimpose or collect the penalty provided for in this subsection shall beconsidered a civil action.

(b)  Any person who denies, obstructs, orhampers the entrance or inspection by any duly authorized representative of thedirector, or fails to provide information requested by the representative undersection 342J-6 or 342J-55 shall be fined not more than $10,000 for eachseparate offense.  Each day of each violation shall constitute a separateoffense.  Any action taken in court to impose or collect the penalty providedfor in this subsection shall be considered a civil action.

(c)  Any person who knowingly:

(1)  Transports any hazardous waste to a storage,treatment, or disposal facility that does not have a permit pursuant to section342J-5 to treat, store, or dispose of that particular hazardous waste;

(2)  Treats, stores, or disposes of hazardous wastewithout first having a permit pursuant to section 342J-5, or who violates anyterm or condition of a permit or variance issued pursuant to this chapter;

(3)  Transports, treats, stores, disposes of,recycles, causes to be transported, or otherwise handles any used oil or usedoil fuel in violation of any rules adopted pursuant to this chapter relating toused oil or used oil fuel;

(4)  Makes a false statement or representation in anyapplication, label, manifest, record, report, permit, or other document filed,maintained, or used, for purposes of compliance with this chapter, includingcompliance with any rules adopted pursuant to this chapter relating to used oilor used oil fuel; or

(5)  Abandons or causes to be abandoned any hazardouswaste, used oil, or used oil fuel;

shall be subject to criminal penalties.  Violationsof paragraphs (3) and (4) are misdemeanor offenses.  In addition to any othersentence, a person who violates paragraph (3) or (4) may be ordered to pay afine not to exceed $25,000 for each day of each violation.

Violations of paragraphs (1), (2), and (5) areclass C felonies.  In addition to any other sentence, a person who violatesparagraph (1), (2), or (5) may be ordered to pay a fine not to exceed $25,000for each day of each violation.

For purposes of this subsection, “abandon”means the act of deserting or leaving behind a hazardous waste, used oil, orused oil fuel. [L 1989, c 212, pt of §5; am L 1990, c 298, §11; am L 1991, c157, §16 and c 259, §10; am L 1995, c 180, §26; am L 1996, c 82, §3; am L 1997,c 147, §3; am L 2001, c 21, §1]