§ 25-15-212 — Violation - civil penalty - reimbursement of costs

(1) Any
person who violates any provision of this part 2 shall be subject to a civil penalty of
not more than ten thousand dollars per day of violation. Such penalty shall be
determined and collected by the district court for the judicial district in which such
violation occurs upon action instituted by the department, the board of county
commissioners of the county in which the violation occurs, or the governing body of
the municipality in which the violation occurs. In determining the amount of any
such penalty, the court shall take into account the seriousness of the violation,
whether the violation was willful or due to mistake, the economic impact of the
penalty on the violator, and any other relevant factors. All penalties collected
pursuant to this section shall be transmitted to the state treasurer and credited to
the general fund. Except in regard to matters of statewide concern as expressed in
section 25-15-200.2 (1), nothing in this part 2 shall preclude or preempt a county,
city, city and county, or an incorporated town from enforcement of its local
resolutions or ordinances or of its land use plans, policies, or regulations.

(2) If the violation for which a penalty has been assessed and paid into the
general fund pursuant to this section results in a county, city, municipality, or town
incurring costs to remove, contain, or otherwise mitigate the effects of the
hazardous waste which was involved in the court action, such entity shall be
entitled to reimbursement for its costs, which reimbursement shall not exceed the
amount of the penalty collected. A claim for reimbursement shall be filed with the
state treasurer. Reimbursement shall be paid by the state treasurer out of those
funds attributable to such penalty.

Legislative History

Source: L. 81: Entire article R&RE, p. 1350, � 1, effective July 1. L. 83: (1) amended, p. 1095, � 15, effective June 3.