§ 25-15-514 — Violation - civil penalty - reimbursement of costs

(1) Any
person who violates any provision of this part 5 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 or the governing body
having jurisdiction. 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, who shall credit fifty percent of such moneys to
the general fund and shall transmit the remaining fifty percent of such moneys to
the governing body having jurisdiction.

(2) If the violation of the provisions of this part 5 for which a penalty has
been assessed and paid into the general fund pursuant to the provisions of
subsection (1) of this section results in a county, municipality, or other local
government incurring costs to remove, contain, or otherwise mitigate the effects of
the hazardous waste which was involved in the violation, such local government
shall be entitled to reimbursement for such costs. A local government requesting
reimbursement of such costs shall file a claim for reimbursement with the state
treasurer. The state treasurer shall make reimbursements out of any funds
attributable to the civil penalty imposed for such violation pursuant to the
provisions of subsection (1) of this section.

Legislative History

Source: L. 92: Entire part added, p. 1271, � 1, effective July 1.