Hearing on an environmental citation — Penalties

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  1. (a)

    1. (1)

      1. (A) Except as provided under subdivision (a)(2) of this section, the alleged violator shall appear before the district court named within the citation at the location and time designated in the citation.

      2. (B) The initial hearing shall occur no later than thirty (30) days after the time period expires for remediation of the alleged environmental violation.

    2. (2) If the alleged environmental violation is remediated by the alleged violator within the time period established under § 8-6-2016 using the procedure under this subchapter, the district court shall dismiss the matter from the docket without hearing.

    3. (3) If the environmental officer extends the time period for remediation under § 8-6-2016(c), the district court shall reschedule the hearing for not more than thirty (30) days after the extension for remediation.

  2. (b) A district court having jurisdiction over a citation issued by an environmental officer may issue penalties under § 8-6-204 and may grant an available remedy referenced in this subchapter unless the remedy is not available to the district court.

  3. (c)

    1. (1) A judgment entered under this subchapter:

      1. (A) May be enforced in the same manner as any other judgment; and

      2. (B) Is a final decision for purposes of appellate review.

    2. (2) A person against which the judgment is entered may appeal the decision to circuit court.

  4. (d) A judgment entered under this subchapter does not preclude claims under § 8-6-206 by another person.


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