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208-10a
208.10A PENALTIES.
1. Any person who violates an order issued pursuant to section
208.10 shall be subject to an administrative penalty determined by
the division not to exceed five thousand dollars per violation.
a. The division shall establish, by rule, a schedule or range
of administrative penalties. The schedule shall provide procedures
and criteria for the assessment of these penalties.
b. Administrative penalties may be assessed in lieu of or in
conjunction with any action initiated by the attorney general on
behalf of the division.
c. All penalties shall be paid within thirty days of the date
that the order assessing the penalty becomes final. An operator who
fails to pay an administrative penalty assessed by a final order of
the division shall pay, in addition, interest at the rate of one and
one-half percent of the unpaid balance of the assessed penalty for
each month or part of a month that the penalty remains unpaid.
d. The attorney general shall, at the request of the
division, institute proceedings to recover all penalties assessed.
2. If any person violates a provision of this chapter, or any
rule or order adopted by the division pursuant to this chapter, the
division may notify the attorney general who shall institute a civil
action in district court for injunctive relief and for the assessment
of a civil penalty not to exceed ten thousand dollars per violation.
3. Penalties, bond reversions, and bond forfeitures collected
under the provisions of this chapter or any rule adopted by the
division pursuant to this chapter shall be deposited in an
interest-bearing account and may be used for the cost and
administrative expenses of reclamation or rehabilitation activities
for any mine site as deemed necessary and appropriate by the
division. Section History: Recent Form
96 Acts, ch 1043, §7
