344-2 Definitions.
§344-2 Definitions. As used in this chapter unless the context otherwise requires: “Agency” means any department, office, board, or commission of the State or county government that is a part of the executive branch of that government. “Environment” means the complex of physical and biological conditions that influence human well-being, including land, air, water, minerals, […]
342P-20 Civil penalties.
§342P-20 Civil penalties. (a) Any person who violates this chapter, any rule adopted by the department under this chapter, or any condition in a permit or variance issued under this chapter, shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken […]
342P-21 Administrative penalties.
§342P-21 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter or rules adopted under this chapter, the director may impose by order the penalties specified in section 342P-20. (b) Factors to be considered in imposing an administrative penalty shall include: (1) The nature and history of the violation […]
342P-22 Negligent violations.
§342P-22 Negligent violations. Any person who negligently violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit or variance issued under this chapter, shall be fined not less than $2,500 nor more than $25,000 per day for each violation or imprisoned for not more than […]
342P-23 Criminal penalties.
§342P-23 Criminal penalties. Any person who knowingly violates this chapter or any condition in a permit or variance issued under this chapter, shall be fined not less than $5,000 nor more than $50,000 per day for each violation or imprisoned for not more than three years, or both. If a conviction of a person is […]
342P-24 Knowing endangerment.
§342P-24 Knowing endangerment. (a) Any person who knowingly violates this chapter or any condition in a permit or variance issued under this chapter, and who knows at that time that the violation places another person in imminent danger of death or serious bodily injury, upon conviction, shall be fined not more than $250,000 or imprisoned […]
342P-25 False statements.
§342P-25 False statements. (a) Any person who knowingly makes a false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, […]
342P-26 Injunctive and other relief.
§342P-26 Injunctive and other relief. The director may institute a civil action for injunctive and other relief in any environmental court of competent jurisdiction to prevent the violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of […]
342P-27 Appeal.
§342P-27 Appeal. If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party’s principal place of business or in which the action in question occurred; provided that […]
342P-28 Fees.
§342P-28 Fees. The director may establish reasonable fees for the issuance of notifications, certificates, licenses, permits, and variances to cover the cost of issuance thereof, and for the implementation and enforcement of the terms and conditions of permits and variances not including court costs or other costs associated with any formal enforcement action. The fees […]