§ 61-28-08 — Penalties - Injunctions

North Dakota § 61-28-08

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-28: Control, Prevention, and Abatement of Pollution of Surface Waters

Text

1. Any person who willfully violates this chapter, or any permit condition, rule, order,
limitation, or other applicable requirement implementing this chapter, is subject to a
fine of not more than ten thousand dollars per day per violation, or by imprisonment for
not more than one year, or both. If the conviction is for a violation committed after a
first conviction of such person under this subsection, punishment shall be by a fine of
not more than twenty thousand dollars per day per violation, or by imprisonment for
not more than two years, or both.
2. Any person who violates this chapter or any permit condition, rule, order, limitation, or
other applicable requirement implementing this chapter, with criminal negligence as
defined by section 12.1-02-02, is subject to a fine of not more than ten thousand
dollars per day per violation, or by imprisonment for not more than six months, or both.
3. 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 chapter or any permit condition, rule, order, limitation, or other
applicable requirement implementing this chapter, or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method required to be

maintained under this chapter or any permit condition, rule, order, limitation, or other
applicable requirement implementing this chapter, upon conviction, is subject to a fine
of not more than five thousand dollars per day per violation or by imprisonment for not
more than six months, or both.
4. Any person who violates this chapter, or any permit condition, rule, order, limitation, or
other applicable requirement implementing this chapter, is subject to a civil penalty not
to exceed twelve thousand five hundred dollars per day per violation.
5. Without prior revocation of any pertinent permits, the department may, in accordance
with the laws of this state governing injunctions or other process, maintain an action in
the name of the state against any person to enjoin any threatened or continuing
violation of any provision of this chapter or any permit condition, rule, order, limitation,
or other applicable requirement implementing this chapter. In addition to any other
penalties provided in this section, or other provisions of this code, any person who
violates an order for injunctive relief is subject to sanctions, not to exceed twenty-five
thousand dollars per day per violation. In determining the amount of the sanction, the
court shall consider the seriousness of the violation or violations, any good-faith efforts
to comply with the court's order, any history of such violations, the economic impact of
the sanction on the violator, the environmental and economic impacts to the resource
caused by the violation or violations, the comparative environmental and economic
impacts on any other resources affected, if any, and such other matters as justice may
require. As an additional sanction for violating an order, the court may hold the violator
in contempt and, upon the state's motion, may allow a sanction up to the value of any
damages that occur to the state as a result of the violation. The authority to seek
sanctions under this subsection is limited to the department or to the attorney general
bringing an action on behalf of the state and may not be enforced by any other person.