65-34,144. Unlawful acts; penalties.
65-34,144
65-34,144. Unlawful acts; penalties.(a) It shall be unlawful for any person to:
(1) Operate a drycleaning facility in violation of this act, rules andregulations adopted pursuant to this act or orders of the secretary pursuant tothis act;
(2) prevent or hinder a properly identified officer or employee of thedepartment or other authorized agent of the secretary from entering,inspecting,sampling or responding to a release as authorized by this act;
(3) knowingly make any false material statement or representation in anyrecord, report or other document filed, maintained or usedfor the purpose of compliance with this act;
(4) knowingly destroy, alter or conceal any record required to be maintainedby this act or rules and regulations adopted under this act;
(5) willfully allow a release orknowingly fail to make an immediate response to a releasein accordance with this act and rules and regulations pursuant to thisact.
(b) The director of the division ofenvironment, upon a finding that a person has violated a provision ofsubsection (a), may impose on such person an administrativepenalty in an amount not to exceed $500 for every violation.
(c) In assessing an administrative penalty under thissection, the director of the division ofenvironmentshall consider, when applicable, the following factors:
(1) The extent to which the violation presents a hazard to human health;
(2) the extent to which the violation has or may have an adverse effect onthe environment;
(3) the amount of the reasonable costs incurred by the state in detectionand investigation of the violation; and
(4) the economic savings realized by the person in not complying with theprovision for which a violation is charged.
History: L. 1995, ch. 162, § 5;L. 1999, ch. 102, § 1; July 1.