§ 49-304 — Penalty for groundwater protection data gap

A. A registrant of a pesticide is subject to a penalty of up to ten thousand dollars for each day that a groundwater protection data gap exists unless the information was waived pursuant to section 49-302, subsection D or a conditional registration was granted pursuant to section 49-310. In determining the amount of the penalty, the following shall be considered:

1. The extent to which the registrant has made every effort to submit the valid, complete and adequate information.

2. Circumstances beyond the control of the registrant that have prevented the registrant from submitting valid, complete and adequate information.

B. If there is a dispute between the director and a registrant regarding the existence of a groundwater protection data gap, the director or registrant shall submit the issues of the dispute to the water quality appeals board pursuant to section 49-323. The water quality appeals board shall review the evidence submitted by the registrant and the director and make recommendations to the director on whether or not the groundwater protection data gap exists.

C. The attorney general may enforce this section.

D. Any monetary penalties obtained under this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.