§ 35-11-901 — Violations of provisions; penalties

(a) Any person who violates, or any director, officer or
agent of a corporate permittee who willfully and knowingly
authorizes, orders or carries out the violation of any provision
of this act, or any rule, regulation, standard or permit adopted
hereunder or who violates any determination or order of the
council pursuant to this act or any rule, regulation, standard,
permit, license or variance is subject to a penalty not to
exceed ten thousand dollars ($10,000.00) for each violation for
each day during which violation continues, a temporary or
permanent injunction, or both a penalty and an injunction
subject to the following:
(i) Except that any person who violates any provision
of article 2 of this chapter or any provision of the state
hazardous waste program authorized pursuant to the Resource
Conservation Recovery Act, Subtitle C, 42 U.S.C. § 6901 [6921]
et seq., as amended, or any rule, regulation, standard or permit
adopted pursuant to those provisions, or who violates any
determination or order of the council pursuant to article 2 of
this chapter or the state hazardous waste program is subject to
a penalty not to exceed ten thousand dollars ($10,000.00) for
each violation for each day during which the violation
continues, a temporary or permanent injunction, or both a
penalty and an injunction; and
(ii) Penalties and injunctive relief under this
subsection are to be determined by a court of competent
jurisdiction in a civil action, provided that nothing herein
shall preclude the department from negotiating stipulated
settlements involving the payment of a penalty, implementation
of compliance schedules or other settlement conditions in lieu
of litigation.
(b) Repealed by Laws 1995, ch. 28, § 4.
(c) Repealed by Laws 1995, ch. 28, § 4.
(d) Repealed by Laws 1995, ch. 28, § 4.
(e) Repealed by Laws 1995, ch. 28, § 4.
(f) Repealed by Laws 1995, ch. 28, § 4.
(g) Repealed by Laws 1995, ch. 28, § 4.
(h) Repealed by Laws 1995, ch. 28, § 4.
(j) Any person who willfully and knowingly violates, or
any director, officer or agent of a corporate permittee who
willfully and knowingly authorizes, orders or carries out the
violation of any provision of this act or any rule, regulation,
standard, permit, license, or variance or limitations adopted
hereunder or who willfully violates any determination or order
of the council or court issued pursuant to this act or any rule,
regulation, standard, permit or limitation issued under this act
shall be fined not more than twenty-five thousand dollars
($25,000.00) per day of violation, or imprisoned for not more
than one (1) year, or both. For a subsequent conviction for a
violation of this act, the person shall be subject to a fine of
not more than fifty thousand dollars ($50,000.00) per day of
violation, imprisonment for not more than two (2) years, or
both. For multiple violations, penalties may be assessed up to
the maximum amount specified in this subsection for each day of
each separate violation.
(k) 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 act or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method
required to be maintained under this act, shall upon conviction,
be fined not more than ten thousand dollars ($10,000.00) per day
for each violation or imprisoned for not more than one (1) year,
or both.
(m) Repealed by Laws 1995, ch. 28, § 4.
(m) Repealed by Laws 1995, ch. 28, § 4.
(m) Repealed by Laws 1995, ch. 28, § 4.
(m) Repealed by Laws 1995, ch. 28, § 4.
(m) Repealed by Laws 1995, ch. 28, § 4.