Enforcement of Chapter, Rules, etc.; Prosecutions Under Chapter; Violations and Penalties.

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Section 33-6-10

Enforcement of chapter, rules, etc.; prosecutions under chapter; violations and penalties.

(a) This chapter and rules and orders adopted under this chapter shall be enforced by the State Board of Health and the State Department of Conservation and Natural Resources according to rules adopted by the board and department.

(b) Any person may complain under oath to a magistrate, district attorney, or grand jury concerning a violation of this chapter or of a rule adopted under this chapter and if a warrant is issued by the magistrate or district attorney, or indictment returned by a grand jury, the charge shall be tried in court to which the warrant is returnable, and the warrant may be made returnable to a district court or to the circuit court and the courts shall have original and concurrent jurisdiction of the offense, or if an indictment is returned, the circuit court shall have jurisdiction of the offense. Convicted persons may appeal as now provided by law. Whether criminal proceedings have been commenced or not, the state health officer may bring a civil action in the circuit court against the owner, operator, or person in charge of any vessel or watercraft to compel compliance with this chapter or the rules adopted under this chapter, and the circuit court shall have jurisdiction of the case.

(c) Any individual who discharges from any watercraft any sewage or litter into the waters of this state or any owner or operator of any watercraft who knowingly allows or permits discharge in violation of this chapter, or without a permit from the State Board of Health, when a permit is required, or if any person violates any rule or order adopted under this chapter, that person shall be guilty of a Class B misdemeanor and on conviction shall be punished pursuant to Section 13A-7-29, the criminal littering statute.

(Acts 1969, No. 769, p. 1368, §9; Act 2019-530, §1.)


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