68-212-213. Violations Criminal and civil penalties.
(a) Any person who:
(1) Fails, neglects, or refuses to comply with a land use restriction filed pursuant to § 68-212-225;
(2) Fails to pay the fees authorized by this part;
(3) Fails to file any reports, records or documents required pursuant to this part;
(4) Fails, neglects, or refuses to comply with any provision of this part, a regulation promulgated under this part or an order issued pursuant to this part;
(5) Fails to provide information requested by the commissioner in the administration of this part; or
(6) Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part;
commits a Class B misdemeanor. In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000) and, if appropriate, the original fee plus interest. Each day such violation continues constitutes a separate offense.
(b) In assessing a civil penalty, the following factors may be considered:
(1) The harm done to the public health or the environment;
(2) The economic benefit gained by the violators;
(3) The amount of effort put forth by the violator to obtain compliance; and
(4) Any unusual or extraordinary enforcement costs incurred by the commissioner.
68-212-213. Violations Criminal and civil penalties.
(a) Any person who:
(1) Fails, neglects, or refuses to comply with a land use restriction filed pursuant to § 68-212-225;
(2) Fails to pay the fees authorized by this part;
(3) Fails to file any reports, records or documents required pursuant to this part;
(4) Fails, neglects, or refuses to comply with any provision of this part, a regulation promulgated under this part or an order issued pursuant to this part;
(5) Fails to provide information requested by the commissioner in the administration of this part; or
(6) Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part;
commits a Class B misdemeanor. In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000) and, if appropriate, the original fee plus interest. Each day such violation continues constitutes a separate offense.
(b) In assessing a civil penalty, the following factors may be considered:
(1) The harm done to the public health or the environment;
(2) The economic benefit gained by the violators;
(3) The amount of effort put forth by the violator to obtain compliance; and
(4) Any unusual or extraordinary enforcement costs incurred by the commissioner.
68-212-213. Violations Criminal and civil penalties.
(a) Any person who:
(1) Fails, neglects, or refuses to comply with a land use restriction filed pursuant to § 68-212-225;
(2) Fails to pay the fees authorized by this part;
(3) Fails to file any reports, records or documents required pursuant to this part;
(4) Fails, neglects, or refuses to comply with any provision of this part, a regulation promulgated under this part or an order issued pursuant to this part;
(5) Fails to provide information requested by the commissioner in the administration of this part; or
(6) Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part;
commits a Class B misdemeanor. In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000) and, if appropriate, the original fee plus interest. Each day such violation continues constitutes a separate offense.
(b) In assessing a civil penalty, the following factors may be considered:
(1) The harm done to the public health or the environment;
(2) The economic benefit gained by the violators;
(3) The amount of effort put forth by the violator to obtain compliance; and
(4) Any unusual or extraordinary enforcement costs incurred by the commissioner.
