§ 49-17-427. Proceedings before commission; penalties for violations of Sections 49-17-401 through 49-17-433; penalty consideration factors; limitations on liability.
(1) Whenever the commission or an employee thereof has reason to believe that a violation of any provision of this chapter, or of any order of the commission, or of any regulation promulgated pursuant to this chapter has occurred, the commission shall initiate proceedings in the same manner as provided in Sections 49-17-31 through 49-17-41, Mississippi Code of 1972.
(2) Any person found by the commission violating any of the provisions of Sections 49-17-401 through 49-17-433, or any rule or regulation or written order of the commission shall be subject to a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for each violation per day, such penalty to be assessed and levied by the commission as provided in Sections 49-17-1 through 49-17-43, Mississippi Code of 1972.
(3) In determining the amount of any penalty under this chapter, the commission shall consider at a minimum:
(a) The willfulness of the violation;
(b) Any damage to air, water, land or other natural resources of the state or their uses;
(c) Costs of restoration or abatement;
(d) Economic benefit as a result of noncompliance;
(e) The seriousness of the violation, including any harm to the environment and any hazard to the health, safety and welfare of the public;
(f) Past performance history; and
(g) Whether the noncompliance was discovered and reported as the result of a voluntary self-evaluation. If a person discovers as a result of a voluntary self-evaluation, information related to noncompliance with an environmental law and voluntarily discloses that information to the department, commission or any employee thereof, the commission shall, to the greatest extent possible, reduce a penalty, if any, determined by the commission, except for economic benefit as a result of noncompliance, to a de minimis amount if all of the following are true:
(i) The disclosure is made promptly after knowledge of the information disclosed is obtained by the person;
(ii) The person making the disclosure initiates the appropriate corrective actions and pursues those corrective actions with due diligence;
(iii) The person making the disclosure cooperates with the commission and the department regarding investigation of the issues identified in the disclosure;
(iv) The person is not otherwise required by an environmental law to make the disclosure to the commission or the department;
(v) The information was not obtained through any source independent of the voluntary self-evaluation or by the department through observation, sampling or monitoring;
(vi) The noncompliance did not result in a substantial endangerment threatening the public health, safety or welfare or the environment; and
(vii) The noncompliance is not a repeat violation occurring at the same facility within a period of three (3) years. "Repeat violation" in this subparagraph means a second or subsequent violation, after the first violation has ceased, of the same statutory provision, regulation, permit condition, or condition in an order of the commission.
(4) Any provisions of this section and chapter regarding liability for the costs of cleanup, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
Sources: Laws, 1988, ch. 547, § 14; Laws, 1995, ch. 627, § 9; Laws, 2003, ch. 301, § 3, eff from and after passage (approved Jan. 20, 2003.)
§ 49-17-427. Proceedings before commission; penalties for violations of Sections 49-17-401 through 49-17-433; penalty consideration factors; limitations on liability.
(1) Whenever the commission or an employee thereof has reason to believe that a violation of any provision of this chapter, or of any order of the commission, or of any regulation promulgated pursuant to this chapter has occurred, the commission shall initiate proceedings in the same manner as provided in Sections 49-17-31 through 49-17-41, Mississippi Code of 1972.
(2) Any person found by the commission violating any of the provisions of Sections 49-17-401 through 49-17-433, or any rule or regulation or written order of the commission shall be subject to a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for each violation per day, such penalty to be assessed and levied by the commission as provided in Sections 49-17-1 through 49-17-43, Mississippi Code of 1972.
(3) In determining the amount of any penalty under this chapter, the commission shall consider at a minimum:
(a) The willfulness of the violation;
(b) Any damage to air, water, land or other natural resources of the state or their uses;
(c) Costs of restoration or abatement;
(d) Economic benefit as a result of noncompliance;
(e) The seriousness of the violation, including any harm to the environment and any hazard to the health, safety and welfare of the public;
(f) Past performance history; and
(g) Whether the noncompliance was discovered and reported as the result of a voluntary self-evaluation. If a person discovers as a result of a voluntary self-evaluation, information related to noncompliance with an environmental law and voluntarily discloses that information to the department, commission or any employee thereof, the commission shall, to the greatest extent possible, reduce a penalty, if any, determined by the commission, except for economic benefit as a result of noncompliance, to a de minimis amount if all of the following are true:
(i) The disclosure is made promptly after knowledge of the information disclosed is obtained by the person;
(ii) The person making the disclosure initiates the appropriate corrective actions and pursues those corrective actions with due diligence;
(iii) The person making the disclosure cooperates with the commission and the department regarding investigation of the issues identified in the disclosure;
(iv) The person is not otherwise required by an environmental law to make the disclosure to the commission or the department;
(v) The information was not obtained through any source independent of the voluntary self-evaluation or by the department through observation, sampling or monitoring;
(vi) The noncompliance did not result in a substantial endangerment threatening the public health, safety or welfare or the environment; and
(vii) The noncompliance is not a repeat violation occurring at the same facility within a period of three (3) years. "Repeat violation" in this subparagraph means a second or subsequent violation, after the first violation has ceased, of the same statutory provision, regulation, permit condition, or condition in an order of the commission.
(4) Any provisions of this section and chapter regarding liability for the costs of cleanup, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
Sources: Laws, 1988, ch. 547, § 14; Laws, 1995, ch. 627, § 9; Laws, 2003, ch. 301, § 3, eff from and after passage (approved Jan. 20, 2003.)
§ 49-17-427. Proceedings before commission; penalties for violations of Sections 49-17-401 through 49-17-433; penalty consideration factors; limitations on liability.
(1) Whenever the commission or an employee thereof has reason to believe that a violation of any provision of this chapter, or of any order of the commission, or of any regulation promulgated pursuant to this chapter has occurred, the commission shall initiate proceedings in the same manner as provided in Sections 49-17-31 through 49-17-41, Mississippi Code of 1972.
(2) Any person found by the commission violating any of the provisions of Sections 49-17-401 through 49-17-433, or any rule or regulation or written order of the commission shall be subject to a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for each violation per day, such penalty to be assessed and levied by the commission as provided in Sections 49-17-1 through 49-17-43, Mississippi Code of 1972.
(3) In determining the amount of any penalty under this chapter, the commission shall consider at a minimum:
(a) The willfulness of the violation;
(b) Any damage to air, water, land or other natural resources of the state or their uses;
(c) Costs of restoration or abatement;
(d) Economic benefit as a result of noncompliance;
(e) The seriousness of the violation, including any harm to the environment and any hazard to the health, safety and welfare of the public;
(f) Past performance history; and
(g) Whether the noncompliance was discovered and reported as the result of a voluntary self-evaluation. If a person discovers as a result of a voluntary self-evaluation, information related to noncompliance with an environmental law and voluntarily discloses that information to the department, commission or any employee thereof, the commission shall, to the greatest extent possible, reduce a penalty, if any, determined by the commission, except for economic benefit as a result of noncompliance, to a de minimis amount if all of the following are true:
(i) The disclosure is made promptly after knowledge of the information disclosed is obtained by the person;
(ii) The person making the disclosure initiates the appropriate corrective actions and pursues those corrective actions with due diligence;
(iii) The person making the disclosure cooperates with the commission and the department regarding investigation of the issues identified in the disclosure;
(iv) The person is not otherwise required by an environmental law to make the disclosure to the commission or the department;
(v) The information was not obtained through any source independent of the voluntary self-evaluation or by the department through observation, sampling or monitoring;
(vi) The noncompliance did not result in a substantial endangerment threatening the public health, safety or welfare or the environment; and
(vii) The noncompliance is not a repeat violation occurring at the same facility within a period of three (3) years. "Repeat violation" in this subparagraph means a second or subsequent violation, after the first violation has ceased, of the same statutory provision, regulation, permit condition, or condition in an order of the commission.
(4) Any provisions of this section and chapter regarding liability for the costs of cleanup, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
Sources: Laws, 1988, ch. 547, § 14; Laws, 1995, ch. 627, § 9; Laws, 2003, ch. 301, § 3, eff from and after passage (approved Jan. 20, 2003.)
