1. As used in this section, “hazardous substance” means hazardous substance as defined
in section 455B.381 or section 455B.411.
2. Any person who violates any provision of this part 1 of subchapter III or any permit,
rule, standard, or order issued under this part 1 of subchapter III shall be subject to a civil
penalty not to exceed five thousand dollars for each day of such violation.
§455B.191, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 56
3. a. Any person who negligently or knowingly does any of the following shall, upon
conviction, be punished as provided in paragraph “b” or “c”:
(1)Violates section 455B.183 or section 455B.186 or any condition or limitation included
in any permit issued under section 455B.183.
(2)Introducesintoasewersystemorintoapubliclyownedtreatmentworksanypo
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1. As used in this section, “hazardous substance” means hazardous substance as defined
in section 455B.381 or section 455B.411.
2. Any person who violates any provision of this part 1 of subchapter III or any permit,
rule, standard, or order issued under this part 1 of subchapter III shall be subject to a civil
penalty not to exceed five thousand dollars for each day of such violation.
§455B.191, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 56
3. a. Any person who negligently or knowingly does any of the following shall, upon
conviction, be punished as provided in paragraph “b” or “c”:
(1) Violates section 455B.183 or section 455B.186 or any condition or limitation included
in any permit issued under section 455B.183.
(2) Introducesintoasewersystemorintoapubliclyownedtreatmentworksanypollutant
orhazardoussubstancewhichthepersonkneworreasonablyshouldhaveknowncouldcause
personal injury or property damage.
(3) Causes a treatment works to violate any water quality standard, effluent standard,
pretreatment standard or condition of a permit issued to the treatment works pursuant to
section 455B.183, unless the person is in compliance with all applicable federal and state
requirements or permits.
b. (1) A person who commits a negligent violation under this subsection is guilty of a
serious misdemeanor punishable by a fine of not more than twenty-five thousand dollars for
each day of violation or by imprisonment for not more than one year, or both.
(2) If the conviction is for a second or subsequent violation committed by a person under
this subsection, the conviction is punishable by a fine of not more than fifty thousand dollars
for each day of violation or by imprisonment for not more than two years, or both.
c. (1) A person who commits a knowing violation under this subsection is guilty of an
aggravated misdemeanor punishable by a fine of not more than fifty thousand dollars for
each day of violation or by imprisonment for not more than two years, or both.
(2) If the conviction is for a second or subsequent violation committed by a person under
this subsection, the conviction is punishable by a fine of not more than one hundred thousand
dollars for each day of violation or by imprisonment for not more than five years, or both.
4. Any person who knowingly makes any false statement, representation, or certification
in any application, record, report, plan or other document filed or required to be maintained
under this part 1 of subchapter III, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required to be maintained under this part 1
of subchapter III or by any permit, rule, regulation, or order issued under this part 1 of
subchapter III, shall upon conviction be punished by a fine of not more than ten thousand
dollars or by imprisonment in the county jail for not more than six months or by both such
fine and imprisonment.
5. The attorney general shall, at the request of the director with approval of the
commission, institute any legal proceedings, including an action for an injunction or a
temporary injunction, necessary to enforce the penalty provisions of this part 1 of subchapter
III or to obtain compliance with the provisions of this part 1 of subchapter III or any rules
promulgated or any provision of any permit issued under this part 1 of subchapter III. In
any such action, any previous findings of fact of the director or the commission after notice
and hearing shall be conclusive if supported by substantial evidence in the record when the
record is viewed as a whole.
6. In all proceedings with respect to any alleged violation of the provisions of this part 1
of subchapter III or any rule established by the commission or the department, the burden of
proof shall be upon the commission or the department except in an action for contempt as
provided in section 455B.182.
7. If the attorney general has instituted legal proceedings in accordance with this section,
all related issues which could otherwise be raised by the alleged violator in a proceeding for
judicial review under section 455B.178 shall be raised in the legal proceedings instituted in
accordance with this section.
8. Any civil penalty collected by the state or a county relating to the construction
of semipublic sewage disposal systems shall be deposited in the unsewered community
revolving loan fund created pursuant to section 16.141.