§ 46-13-16. Penalties and remedies.
(a) It shall be the duty of any person to proceed diligently to comply with any order
issued pursuant to this chapter. If that person fails to proceed diligently or fails
to comply with the order within such time, if any, as may be specified, the order
may be enforced by the superior court, upon application made by the director.
(b) Any person who willfully or negligently violates any provision of this chapter, any
rule or regulation or order of the director, or any condition of any permit issued
pursuant to the chapter is guilty of a misdemeanor and, upon conviction, shall be
subject to a fine of not more than five hundred dollars ($500) for each separate offense,
or to imprisonment for a period of not more than one year, or both.
(c) In addition to proceeding under any other remedy available at law or in equity for
a violation of any provision of this chapter, any rule or regulation pursuant to this
chapter, or any term or condition of any permit issued pursuant to this chapter, the
relevant director may assess a civil penalty upon a person for the violation. The
penalty may be assessed whether or not the violation was willful or negligent. When
the director assesses a civil penalty, he or she shall inform the person of the amount
of the penalty. The person charged with the penalty shall then have thirty (30) days
to pay the penalty in full or, if the person wishes to contest either the amount of
the penalty or the fact of the violation, the person shall within the thirty (30)
day period, file an appeal of the action with the director. Failure to appeal within
thirty (30) days shall result in a waiver of all legal rights to contest the violation
or the amount of the penalty. The maximum civil penalty which may be assessed pursuant
to this section is five thousand dollars ($5,000) per day for each violation. Each
violation for each separate day and each violation of any provision of this chapter,
any rule or regulation under this chapter, any order of the director, or any term
or condition of a permit shall constitute a separate and distinct offense under this
section.
(d) The penalties and remedies prescribed by this chapter shall be deemed concurrent and
the existence of or exercise of any remedy shall not prevent the director from exercising
any other remedy hereunder.
(e) Violations on separate days shall constitute separate offenses for purposes of this
chapter.
(f) Any person who endangers the health of persons by knowingly introducing any contaminant
into a public water supply system or tampering with a public water supply system shall
be fined not more than fifty thousand dollars ($50,000), or imprisoned for not more
than five (5) years, or both.
(g) Any person who attempts to endanger or makes a threat to endanger the health of persons
by knowingly introducing any contaminant into a public water supply system or tampering
with a public water supply system shall be fined not more than twenty thousand dollars
($20,000), or imprisoned for not more than three (3) years, or both.
(h) The director may bring a civil action in the superior court against any person who
endangers, attempts to endanger, or makes a threat to endanger the health of persons,
or otherwise renders the water unfit for human consumption, by the introduction of
any contaminant into a public water supply system or tampering with a public water
supply system. The court may impose on the person a civil penalty of not more than
fifty thousand dollars ($50,000) for each day that the endangerment or inability to
consume the water exists.
(i) All fines and penalties collected under the penalty provisions of this chapter and
all fees shall be deposited as general revenues.