§342J-9  Penalties.  (a)  Any person who
violates this chapter, any rule adopted pursuant to this chapter, or any term
or condition of a permit 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 constitute a separate offense.  Any action taken in court to
impose or collect the penalty provided for in this subsection shall be
considered a civil action.



(b)  Any person who denies, obstructs, or
hampers the entrance or inspection by any duly authorized representative of the
director, or fails to provide information requested by the representative under
section 342J-6 or 342J-55 shall be fined not more than $10,000 for each
separate offense.  Each day of each violation shall constitute a separate
offense.  Any action taken in court to impose or collect the penalty provided
for 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 section
342J-5 to treat, store, or dispose of that particular hazardous waste;



(2)  Treats, stores, or disposes of hazardous waste
without first having a permit pursuant to section 342J-5, or who violates any
term 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 used
oil fuel in violation of any rules adopted pursuant to this chapter relating to
used oil or used oil fuel;



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



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



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



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



For purposes of this subsection, “abandon”
means the act of deserting or leaving behind a hazardous waste, used oil, or
used oil fuel. [L 1989, c 212, pt of §5; am L 1990, c 298, §11; am L 1991, c
157, §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]