§ 38-22-18 — Penalties

1. A person who violates a provision of this chapter or a commission rule or order under
this chapter is subject to a civil penalty imposed by the commission or a court not to
exceed twelve thousand five hundred dollars for each offense, and each day's violation
is a separate offense. Paying the penalty does not make legal an illegal act nor relieve
a person on whom the penalty is imposed from correcting the violation or from liability
for damages caused by the violation.
2. In determining the amount of the penalty, the commission shall consider:
a. The nature of the violation, including its circumstances and gravity, and the
hazard or potential hazard to the public's or a private person's health, safety, and
economic welfare.
b. The economic or environmental harm caused by the violation.
c. The economic value or other advantage gained by the person committing the
violation.
d. The history of previous violations.
e. The amount necessary to deter future violations.
f. Efforts to correct the violation.
g. Other matters justice requires.