PART II.  PENALTIES

     §342D-30  Civil penalties.  (a)  Any person who violates this chapter, any rule, or any term or condition of a permit, water quality certification, or variance issued pursuant to this chapter shall be fined not more than $60,000 for each separate offense.  Each day of each violation shall constitute a separate offense.  Any action taken in environmental court to impose or collect the penalty provided for in this section shall be considered a civil action.  In determining the amount of a civil penalty, the environmental court shall consider the seriousness of the violation or violations; the economic benefit, if any, resulting from the violation; any history of these violations; any good-faith efforts to comply with the applicable requirements; the economic impact of the penalty on the violator; and any other matters that justice may require.  It shall be presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof of the contrary shall be on the violator.

     (b)  Any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized officer or employee of the department of any building, place, or vehicle that the officer or employee is authorized to enter and inspect shall be fined not more than $25,000 for each day of denial, obstruction, or hampering.  Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1989, c 212, pt of §2; am L 1991, c 157, §12; am L 1995, c 180, §12; am L 1997, c 147, §2; am L 1999, c 193, §8; am L 2014, c 218, §8; am L 2023, c 233, §6]