80-15-401. Authority to investigate and inspect. Authorized representatives of the department, consistent with the responsibilities set forth in this chapter and upon presentation of department-issued credentials, may at reasonable times or under emergency conditions enter upon any public or private property to: (1) investigate conditions relating to compliance with agricultural chemical labels, agricultural chemical ground water management […]
80-15-402. Prohibited activity. It is unlawful for a person to: (1) violate any provision of a specific agricultural chemical ground water management plan; (2) violate any lawful order issued pursuant to this chapter; or (3) violate any provision of this chapter. History: En. Sec. 17, Ch. 668, L. 1989.
80-15-403. Compliance orders. (1) In furtherance of 80-15-402, the department may issue a compliance order to a person who violates a standard, an interim numerical standard, or any other requirement established pursuant to this chapter. The department shall coordinate its proposed actions pursuant to this section with proposed actions of the department of environmental quality pursuant […]
80-15-404. Injunctions authorized. The department may commence a civil action seeking appropriate relief, including a permanent or temporary injunction pursuant to 80-8-306 or 80-10-303, as applicable, for a violation that is subject to a compliance order under 80-15-403. History: En. Sec. 19, Ch. 668, L. 1989.
80-15-405. Emergencies. Notwithstanding any other provisions of this chapter, if the department finds that an emergency exists that requires immediate action to protect ground water from agricultural chemicals or to prevent use of ground water impaired or likely to be impaired by agricultural chemicals, the department may, without notice or hearing, issue necessary orders or adopt […]
80-15-406 through 80-15-410 reserved.
80-15-411. Violators subject to penalties. (1) A person found to be in violation of this chapter or a rule established pursuant to this chapter is subject to the penalty provisions of 80-15-412 through 80-15-414. (2) For the purpose of this section, the term “person” means, in addition to the definition in 80-15-102, any responsible corporate officer. (3) Nothing […]
80-15-412. Administrative civil penalty. (1) A person who commits a violation of this chapter may be assessed an administrative civil penalty by the department of not more than $1,000 for each offense. Farm applicators possessing a pesticide permit or using a fertilizer may not be assessed an administrative civil penalty of more than $500 for the […]
80-15-413. Judicial civil penalty. A person who commits a violation as specified in 80-15-402 shall be subject to a judicial civil penalty not to exceed $10,000. Each occurrence constitutes a separate violation. History: En. Sec. 23, Ch. 668, L. 1989.
80-15-414. Criminal penalties. (1) A person who intentionally commits a violation as specified in 80-15-402 is guilty of an offense and subject to a fine not to exceed $25,000 for each day the violation continues or imprisonment for not more than 1 year, or both. Following an initial conviction under this section, a subsequent conviction subjects […]
