207.15 - PENALTIES.
207.15 PENALTIES.
1. a. (1) A person who violates a permit condition, a
provision of this chapter, or a rule or order issued under this
chapter is subject to a civil penalty not to exceed five thousand
dollars per day for each day of violation.
(2) If a violation results in the issuance of a cessation order,
a civil penalty shall be imposed. The penalty shall not exceed five
thousand dollars for each day of violation.
b. In determining the amount of the penalty, consideration
shall be given to the operator's history of previous violations at
the particular mining operation, the seriousness of the violation,
including any irreparable harm to the environment and any hazard to
the health or safety of the public, whether the operator was
negligent, and the demonstrated good faith of the operator charged in
attempting to achieve rapid compliance after notification of the
violation.
c. An operator who fails to correct a violation for which a
notice or order has been issued within the period permitted for its
correction shall be required to pay a civil penalty of not less than
seven hundred fifty dollars for each day during which the failure or
violations continue.
2. a. If a notice or order has been issued, the division may
assess a recommended penalty in accordance with a schedule
established by rule. The person to whom the notice or order was
issued may submit written information within fifteen days of the
notice or order to be considered by the division. The division shall
serve the assessment by certified mail, return receipt requested,
within thirty days of issuance of the notice or order. The division
may reassess any penalty if necessary to account for facts not
reasonably available on the date of issuance of the assessment. A
person may consent to a penalty assessment by paying the penalty
without resort to judicial proceedings.
b. If a violation results in the issuance of a cessation
order pursuant to section 207.14 the division shall assess a penalty.
3. A contested case hearing may be requested pursuant to section
207.14, subsection 4, to review a notice, order, or penalty
assessment. A person to whom a penalty assessment has been issued
may request a contested case hearing solely for review of the amount
of the penalty. A penalty assessment is final if a request for
review is not made in a timely manner.
4. Judicial review of any action of the division shall be in
accordance with chapter 17A. Judicial review of a penalty assessment
shall not be permitted unless the petitioner has posted a bond equal
to the amount of the assessed penalty in the district court or has
placed the proposed amount in an interest-bearing escrow fund
approved by the division.
5. If a violation results in a cessation order pursuant to
section 207.14, the attorney general, at the request of the division,
shall institute a civil action in district court for injunctive
relief.
6. Notwithstanding section 17A.20, an appeal bond shall be
required for an appeal of a judgment assessing a civil penalty.
7. A person who willfully and knowingly violates a condition of a
permit or any other provision of this chapter, or makes a false
statement, representation, or certification, or knowingly fails to
make a statement, representation, or certification in an application,
record, report, plan, or other document filed or required to be
maintained pursuant to this chapter or any order or decision of this
chapter, shall be guilty of a serious misdemeanor and notwithstanding
section 903.1 the maximum fine shall be ten thousand dollars.
8. Whenever a corporate operator violates a condition of a permit
or any other provision of this chapter or fails or refuses to comply
with any provision of this chapter, a director, officer, or agent of
that corporation who willfully and knowingly authorized, ordered, or
carried out such violation, failure, or refusal shall be subject to
the same civil penalties or criminal fines and imprisonment that may
be imposed upon a person under this section.
9. An employee of the division performing any function or duty
under this chapter who knowingly and willfully has a direct or
indirect financial interest in any coal mining operation shall be
guilty of a serious misdemeanor and notwithstanding section 903.1 the
maximum fine shall be two thousand five hundred dollars. Section History: Early Form
[C81, § 83.15] Section History: Recent Form
84 Acts, ch 1153, § 1, 2; 85 Acts, ch 140, §5
C93, § 207.15
2009 Acts, ch 133, §81
Referred to in § 207.10, 207.14, 207.18