§ 25-8-606. Clean-Up Orders
The division may issue orders to any person to clean up any material which he, his employee, or his agent has accidentally or purposely dumped, spilled, or otherwise deposited in or near state waters which may pollute them. The division may also request the district attorney to proceed and take appropriate action under section 16-13-305 […]
§ 25-8-607. Restraining Orders and Injunctions
The division may request the district attorney for the judicial district with jurisdiction pursuant to subsection (2) of this section or the attorney general to bring, and if so requested it shall be the duty of such district attorney or the attorney general to bring, a suit for a temporary restraining order, preliminary injunction, or […]
§ 25-8-608. Civil Penalties – Rules – Fund Created – Temporary Moratorium on Penalties for Minor Violations – Definitions – Repeal
A person who violates this article 8, a permit issued under this article 8, a control regulation promulgated pursuant to this article 8, or a final cease-and-desist order or clean-up order is subject to a civil penalty of not more than fifty-four thousand eight hundred thirty-three dollars per day per violation; except that, on or […]
§ 25-8-608.7. Natural Disaster Grant Fund – Creation – Rules
The natural disaster grant fund is hereby created in the state treasury. Moneys in the fund, including interest earned on the investment of moneys in the fund, are continuously appropriated to the department of public health and environment for the purpose specified in subsection (2) of this section. The division shall expend moneys in the […]
§ 25-8-609. Criminal Pollution – Penalties
Any person who recklessly, knowingly, intentionally, or with criminal negligence discharges any pollutant into any state waters or into any domestic wastewater treatment works commits criminal pollution if such discharge is made: In violation of any permit issued under this article; or In violation of any cease-and-desist order or clean-up order issued by the division […]
§ 25-8-610. Falsification and Tampering – Penalties
[ Editor’s note: This version of subsection (1) is effective until March 1, 2022.] Any person who knowingly makes any material false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this article 8 or who falsifies, tampers with, or knowingly renders inaccurate any […]
§ 25-8-611. Proceedings by Other Parties
The factual or legal basis for proceedings or other actions that result from a violation of any control regulation inure solely to, and shall be for the benefit of the people of, the state generally, and it is not intended by this article, in any way, to create new private rights or to enlarge existing […]
§ 25-8-612. Remedies Cumulative
It is the purpose of this article to provide additional and cumulative remedies to prevent, control, and abate water pollution and protect water quality. No action pursuant to section 25-8-609 shall bar enforcement of any provision of this article or of any rule or order issued pursuant to this article by any authorized means. Nothing […]
§ 25-8-701. Definitions
As used in this part 7, unless the context otherwise requires: “Construction” means entering into a contract for the erection or physical placement of materials, equipment, piping, earthwork, or buildings which are to be part of a domestic wastewater treatment works. “Eligible project” means a project for the planning, design, or construction of domestic wastewater […]
§ 25-8-702. Approval for Commencement of Construction
No person shall commence the construction of any domestic wastewater treatment works or the enlargement of the capacity of an existing domestic wastewater treatment works, unless the site location and the design for the construction or expansion have been approved by the division. In evaluating the suitability of a proposed site location for a domestic […]