Violations — Criminal and Civil Penalties

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  1. Any person who:
    1. Fails, neglects, or refuses to comply with a land use restriction filed pursuant to § 68-212-225;
    2. Fails to pay the fees authorized by this part;
    3. Fails to file any reports, records or documents required pursuant to this part;
    4. Fails, neglects, or refuses to comply with any provision of this part, a regulation promulgated under this part or an order issued pursuant to this part;
    5. Fails to provide information requested by the commissioner in the administration of this part; or
    6. Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part;

      commits a Class B misdemeanor. In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000) and, if appropriate, the original fee plus interest. Each day such violation continues constitutes a separate offense.

  2. In assessing a civil penalty, the following factors may be considered:
    1. The harm done to the public health or the environment;
    2. The economic benefit gained by the violators;
    3. The amount of effort put forth by the violator to obtain compliance; and
    4. Any unusual or extraordinary enforcement costs incurred by the commissioner.


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