(1) a. Acivil penalty of not more than five thousand dollars ($5,000) may be assessedby the Department against any person who fails to secure a valid explorationpermit prior to engaging in the exploration for uranium, as required by G.S. 74‑48.Each day of continuing violation shall constitute a separate violation and acivil penalty of not more than five thousand dollars ($5,000) per day may beassessed for each day the violation continues.
b. Any person with anexploration permit who violates any of the provisions of this Article, anyrules promulgated under it, or any of the terms and conditions of hisexploration permit shall be subject to a civil penalty of not more than twohundred fifty dollars ($250.00). Each day of a continuing violation shallconstitute a separate violation. Prior to the assessment of any civil penalty,written notice of the violation shall be given pursuant to G.S. 74‑84.The notice shall describe the violation with reasonable particularity, shallspecify a time period reasonably calculated to permit the violator to completeactions to correct the violations, and shall state that failure to correct theviolations within that period will be considered an aggravating factor in thedetermination of the amount of the civil penalty, if any, to be assessed.
(2) The Department shalldetermine the amount of the civil penalty to be assessed. In determining theamount of the penalty, the Department shall consider the degree and extent ofharm caused by the violation, the cost of rectifying the damage, the amount ofmoney the violator saved by his noncompliance, the violator's state of mind incommitting the violation, the prior record of the violator in complying orfailing to comply with this Article, and any corrective action taken by theviolator. The Department shall notify the person conducting explorationactivity of the assessment of the civil penalty by certified mail, returnreceipt requested or by other reasonable means calculated to provide actualnotice. This notice shall describe the violations for which the civil penaltyhas been assessed. The person conducting exploration activity may appeal theassessment of any civil penalty assessed pursuant to this section in accordancewith the procedures set forth in G.S. 74‑85.
(3) If payment of anycivil penalty assessed pursuant to this section is not received by theDepartment or if no administrative hearing is requested within 30 daysfollowing notice to the person of the assessment of the civil penalty, orwithin 30 days following denial of appeal pursuant to G.S. 74‑85, theDepartment shall refer the matter to the Attorney General for the institutionof a civil action in the name of the State in the superior court of the countyin which the violation is alleged to have occurred to recover the amount of thepenalty.
(4) The clear proceedsof civil penalties collected pursuant to this subsection shall be remitted tothe Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(b) Injunctive Relief. In addition to other remedies, the Department may request the AttorneyGeneral to institute any appropriate action or proceedings to prevent,restrain, correct or abate any violation of this Article or any rulespromulgated under it.
(c) Criminal Penalties. In addition to other penalties provided by this Article, any person whoengaged in exploration activity in willful violation of the provisions of thisArticle or of any rules promulgated under it or who willfully misrepresentedany material fact in any action taken pursuant to this Article shall be guiltyof a Class 3 misdemeanor and, upon conviction thereof, shall only be fined notless than one hundred dollars ($100.00) nor more than one thousand dollars($1,000) for each offense. Each day of continued violation after writtennotification shall be considered a separate offense. (1983,c. 279, s. 1; 1993, c. 539, s. 556; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑215,s. 43.)
(1) a. Acivil penalty of not more than five thousand dollars ($5,000) may be assessedby the Department against any person who fails to secure a valid explorationpermit prior to engaging in the exploration for uranium, as required by G.S. 74‑48.Each day of continuing violation shall constitute a separate violation and acivil penalty of not more than five thousand dollars ($5,000) per day may beassessed for each day the violation continues.
b. Any person with anexploration permit who violates any of the provisions of this Article, anyrules promulgated under it, or any of the terms and conditions of hisexploration permit shall be subject to a civil penalty of not more than twohundred fifty dollars ($250.00). Each day of a continuing violation shallconstitute a separate violation. Prior to the assessment of any civil penalty,written notice of the violation shall be given pursuant to G.S. 74‑84.The notice shall describe the violation with reasonable particularity, shallspecify a time period reasonably calculated to permit the violator to completeactions to correct the violations, and shall state that failure to correct theviolations within that period will be considered an aggravating factor in thedetermination of the amount of the civil penalty, if any, to be assessed.
(2) The Department shalldetermine the amount of the civil penalty to be assessed. In determining theamount of the penalty, the Department shall consider the degree and extent ofharm caused by the violation, the cost of rectifying the damage, the amount ofmoney the violator saved by his noncompliance, the violator's state of mind incommitting the violation, the prior record of the violator in complying orfailing to comply with this Article, and any corrective action taken by theviolator. The Department shall notify the person conducting explorationactivity of the assessment of the civil penalty by certified mail, returnreceipt requested or by other reasonable means calculated to provide actualnotice. This notice shall describe the violations for which the civil penaltyhas been assessed. The person conducting exploration activity may appeal theassessment of any civil penalty assessed pursuant to this section in accordancewith the procedures set forth in G.S. 74‑85.
(3) If payment of anycivil penalty assessed pursuant to this section is not received by theDepartment or if no administrative hearing is requested within 30 daysfollowing notice to the person of the assessment of the civil penalty, orwithin 30 days following denial of appeal pursuant to G.S. 74‑85, theDepartment shall refer the matter to the Attorney General for the institutionof a civil action in the name of the State in the superior court of the countyin which the violation is alleged to have occurred to recover the amount of thepenalty.
(4) The clear proceedsof civil penalties collected pursuant to this subsection shall be remitted tothe Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(b) Injunctive Relief. In addition to other remedies, the Department may request the AttorneyGeneral to institute any appropriate action or proceedings to prevent,restrain, correct or abate any violation of this Article or any rulespromulgated under it.
(c) Criminal Penalties. In addition to other penalties provided by this Article, any person whoengaged in exploration activity in willful violation of the provisions of thisArticle or of any rules promulgated under it or who willfully misrepresentedany material fact in any action taken pursuant to this Article shall be guiltyof a Class 3 misdemeanor and, upon conviction thereof, shall only be fined notless than one hundred dollars ($100.00) nor more than one thousand dollars($1,000) for each offense. Each day of continued violation after writtennotification shall be considered a separate offense. (1983,c. 279, s. 1; 1993, c. 539, s. 556; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑215,s. 43.)
(1) a. Acivil penalty of not more than five thousand dollars ($5,000) may be assessedby the Department against any person who fails to secure a valid explorationpermit prior to engaging in the exploration for uranium, as required by G.S. 74‑48.Each day of continuing violation shall constitute a separate violation and acivil penalty of not more than five thousand dollars ($5,000) per day may beassessed for each day the violation continues.
b. Any person with anexploration permit who violates any of the provisions of this Article, anyrules promulgated under it, or any of the terms and conditions of hisexploration permit shall be subject to a civil penalty of not more than twohundred fifty dollars ($250.00). Each day of a continuing violation shallconstitute a separate violation. Prior to the assessment of any civil penalty,written notice of the violation shall be given pursuant to G.S. 74‑84.The notice shall describe the violation with reasonable particularity, shallspecify a time period reasonably calculated to permit the violator to completeactions to correct the violations, and shall state that failure to correct theviolations within that period will be considered an aggravating factor in thedetermination of the amount of the civil penalty, if any, to be assessed.
(2) The Department shalldetermine the amount of the civil penalty to be assessed. In determining theamount of the penalty, the Department shall consider the degree and extent ofharm caused by the violation, the cost of rectifying the damage, the amount ofmoney the violator saved by his noncompliance, the violator's state of mind incommitting the violation, the prior record of the violator in complying orfailing to comply with this Article, and any corrective action taken by theviolator. The Department shall notify the person conducting explorationactivity of the assessment of the civil penalty by certified mail, returnreceipt requested or by other reasonable means calculated to provide actualnotice. This notice shall describe the violations for which the civil penaltyhas been assessed. The person conducting exploration activity may appeal theassessment of any civil penalty assessed pursuant to this section in accordancewith the procedures set forth in G.S. 74‑85.
(3) If payment of anycivil penalty assessed pursuant to this section is not received by theDepartment or if no administrative hearing is requested within 30 daysfollowing notice to the person of the assessment of the civil penalty, orwithin 30 days following denial of appeal pursuant to G.S. 74‑85, theDepartment shall refer the matter to the Attorney General for the institutionof a civil action in the name of the State in the superior court of the countyin which the violation is alleged to have occurred to recover the amount of thepenalty.
(4) The clear proceedsof civil penalties collected pursuant to this subsection shall be remitted tothe Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(b) Injunctive Relief. In addition to other remedies, the Department may request the AttorneyGeneral to institute any appropriate action or proceedings to prevent,restrain, correct or abate any violation of this Article or any rulespromulgated under it.
(c) Criminal Penalties. In addition to other penalties provided by this Article, any person whoengaged in exploration activity in willful violation of the provisions of thisArticle or of any rules promulgated under it or who willfully misrepresentedany material fact in any action taken pursuant to this Article shall be guiltyof a Class 3 misdemeanor and, upon conviction thereof, shall only be fined notless than one hundred dollars ($100.00) nor more than one thousand dollars($1,000) for each offense. Each day of continued violation after writtennotification shall be considered a separate offense. (1983,c. 279, s. 1; 1993, c. 539, s. 556; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑215,s. 43.)
