§ 23-19.14-16 - Penalties for noncompliance.
SECTION 23-19.14-16
§ 23-19.14-16 Penalties for noncompliance.– (a) Any responsible party who fails, without sufficient cause, to properlyprovide for removal or remedial action pursuant to a final order of thedirector of the department of environmental management may be liable to thestate for punitive damages in an amount at least equal to, and not more than,three (3) times the amount of any costs incurred by the state as a result ofthe failure to take proper action, in addition to liability for any responsecosts incurred by the state as a result of the failure to take action. Thestate is authorized to commence a civil action against any person who fails totake proper action to recover the punitive damages, which shall be in additionto any costs recovered from that person.
(b) Any money received by the state pursuant to this chaptershall be deposited in the environmental response fund established pursuant tochapter 19.1 of this title.
(c) In addition to being liable for punitive damages andresponse costs as set forth in subsection (a) above, any responsible party orperson who fails to assess, to properly assess, to remediate, to properlyremediate, to take any other action that may be required by the directorpursuant to this chapter, or to comply with any provision of this chapter, orany rule, regulation or order issued pursuant to this chapter shall also besubject to a civil penalty of not more than twenty-five thousand dollars($25,000). In a case of a continuing violation, each day's continuance of theviolation shall be a separate and distinct offense.
(2) All penalties assessed pursuant to this subsection shallbe assessed in accordance with chapter 42-17.6 and the rules and regulations ofthe department for the assessment of administrative penalties.