§ 25-15-406 — Penalty

(1) (a) Any generator who knowingly removes, causes
to be removed, or allows to be removed from the site of generation any infectious
waste which he knew was not appropriately treated and not identified as untreated
when such infectious waste was so removed from the site of generation shall be
subject to the civil penalties set forth in paragraph (b) of this subsection (1).

(b) Upon conviction of a first offense, a generator shall be subject to a civil
penalty of not more than three thousand dollars per day for each day of violation,
not to exceed fifteen thousand dollars. Upon conviction of a second or subsequent
offense which occurs within five years of a previous conviction, a generator shall be
subject to a civil penalty of three thousand dollars per day for each day of violation,
not to exceed twenty-five thousand dollars.

(2) (a) Any person who knowingly hauls untreated infectious waste and
recklessly spills or loses such waste or knowingly disposes of such waste at an
unlawful site or disposal or treatment facility shall be subject to the civil penalties
set forth in paragraph (b) of this subsection (2).

(b) Upon conviction of a first offense, a person shall be subject to a civil
penalty of not more than three thousand dollars per day for each day of violation,
not to exceed fifteen thousand dollars. Upon conviction of a second or subsequent
offense which occurs within five years of a previous conviction, a person shall be
subject to a civil penalty of three thousand dollars per day, not to exceed twenty-five thousand dollars.

(3) All civil penalties set forth in this section shall be determined by a court
of competent jurisdiction upon action instituted by the department of public health
and environment.

Legislative History

Source: L. 89: Entire part added, p. 1178, � 1, effective April 23. L. 94: (3) amended, p. 2792, � 532, effective July 1.