§ 41-16-180 — Civil penalties.

1. Any owner, operator, or management company who fails to register a facility as required by Section 41-16-60 may be assessed a civil penalty of not more than five hundred dollars for each facility not registered. 2. Any owner, operator, or management company who fails to correct a violation of any safety standard promulgated pursuant to this chapter after being given written notice by the Director of the standard and of the time set for its correction may be assessed a civil penalty of not more than one thousand dollars for each such violation. 3. Any owner, operator, or installation contractor who begins alteration, relocation, or installation of a facility before permits are issued pursuant to Sections 41-16-80 or 41-16-90 may be assessed a civil penalty of not more than two times the applicable permit fee. 4. Any owner, operator, or management company who fails to report an accident which results in serious injury to any person other than an employee of the owner or operator may be assessed a civil penalty of not more than one thousand dollars. 5. Any owner, operator, or management company who operates a facility after an order of the Director declaring that facility dormant, temporarily decommissioned, or otherwise ineligible for an operating permit may be assessed a civil penalty of not more than two thousand dollars for each such violation. 6. All amounts collected under this section must be turned over to the State Treasurer for deposit in the general fund of the State. 7. Any owner, operator, management company, or contractor affected or aggrieved by (a) any act of the Director, (b) any citation issued by the Director, (c) any penalty assessed by the Director, or (d) any abatement period set by the Director may petition the Director within thirty days of notice of the act complained of for administrative review. The provisions of Article II (Administrative Procedures) of Act 176 of 1977, as amended, shall govern contested cases of this nature.

Legislative History

HISTORY: 1985 Act No. 103, SECTION 1; 1993 Act No. 102, SECTION 10, eff June 14, 1993. Effect of Amendment The 1993 amendment rewrote this section.