1. a.
(1)A person who violates a permit condition, a provision of this chapter, or a rule
or order issued under this chapter is subject to a civil penalty not to exceed five thousand
dollars per day for each day of violation.
(2)If a violation results in the issuance of a cessation order, a civil penalty shall be
imposed. The penalty shall not exceed five thousand dollars for each day of violation.
b. In determining the amount of the penalty, consideration shall be given to the operator’s
history of previous violations at the particular mining operation, the seriousness of the
violation, including any irreparable harm to the environment and any hazard to the health
or safety of the public, whether the operator was negligent, and the demonstrated good faith
of the operator charged in atte
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1. a. (1) A person who violates a permit condition, a provision of this chapter, or a rule
or order issued under this chapter is subject to a civil penalty not to exceed five thousand
dollars per day for each day of violation.
(2) If a violation results in the issuance of a cessation order, a civil penalty shall be
imposed. The penalty shall not exceed five thousand dollars for each day of violation.
b. In determining the amount of the penalty, consideration shall be given to the operator’s
history of previous violations at the particular mining operation, the seriousness of the
violation, including any irreparable harm to the environment and any hazard to the health
or safety of the public, whether the operator was negligent, and the demonstrated good faith
of the operator charged in attempting to achieve rapid compliance after notification of the
violation.
c. An operator who fails to correct a violation for which a notice or order has been issued
withintheperiodpermittedforitscorrectionshallberequiredtopayacivilpenaltyofnotless
than seven hundred fifty dollars for each day during which the failure or violations continue.
2. a. If a notice or order has been issued, the division may assess a recommended penalty
in accordance with a schedule established by rule. The person to whom the notice or order
was issued may submit written information within fifteen days of the notice or order to be
considered by the division. The division shall serve the assessment by certified mail, return
receipt requested, within thirty days of issuance of the notice or order. The division may
reassess any penalty if necessary to account for facts not reasonably available on the date
of issuance of the assessment. A person may consent to a penalty assessment by paying the
penalty without resort to judicial proceedings.
b. If a violation results in the issuance of a cessation order pursuant to section 207.14 the
division shall assess a penalty.
3. A contested case hearing may be requested pursuant to section 207.14, subsection 4,
to review a notice, order, or penalty assessment. A person to whom a penalty assessment
has been issued may request a contested case hearing solely for review of the amount of the
penalty. A penalty assessment is final if a request for review is not made in a timely manner.
4. Judicial review of any action of the division shall be in accordance with chapter 17A.
Judicialreviewofapenaltyassessmentshallnotbepermittedunlessthepetitionerhasposted
a bond equal to the amount of the assessed penalty in the district court or has placed the
proposed amount in an interest-bearing escrow fund approved by the division.
5. If a violation results in a cessation order pursuant to section 207.14, the attorney
general, at the request of the division, shall institute a civil action in district court for
injunctive relief.
6. Notwithstanding section 17A.20, an appeal bond shall be required for an appeal of a
judgment assessing a civil penalty.
7. A person who willfully and knowingly violates a condition of a permit or any other
provision of this chapter, or makes a false statement, representation, or certification, or
knowingly fails to make a statement, representation, or certification in an application,
record, report, plan, or other document filed or required to be maintained pursuant to this
chapter or any order or decision of this chapter, shall be guilty of a serious misdemeanor
and notwithstanding section 903.1 the maximum fine shall be ten thousand dollars.
8. Wheneveracorporateoperatorviolatesaconditionofapermitoranyotherprovisionof
this chapter or fails or refuses to comply with any provision of this chapter, a director, officer,
or agent of that corporation who willfully and knowingly authorized, ordered, or carried out
such violation, failure, or refusal shall be subject to the same civil penalties or criminal fines
and imprisonment that may be imposed upon a person under this section.
9. An employee of the division performing any function or duty under this chapter who
knowingly and willfully has a direct or indirect financial interest in any coal mining operation
shall be guilty of a serious misdemeanor and notwithstanding section 903.1 the maximum
fine shall be two thousand five hundred dollars.