75-5-631. Civil penalties -- injunctions not barred. (1) In an action initiated by the department to collect civil penalties against a person who is found to have violated this chapter or a rule, permit, effluent standard, or order issued under the provisions of this chapter, the person is subject to a civil penalty not to exceed $25,000. Each day of violation constitutes a separate violation.
     (2) Action under this section does not bar enforcement of this chapter or of rules or orders issued under it by injunction or other appropriate remedy.
     (3) The department shall institute and maintain enforcement proceedings in the name of the state.
     (4) In an action seeking penalties under this section, the department shall take into account the following factors in determining an appropriate settlement or judgment, as appropriate:
     (a) the nature, circumstances, extent, and gravity of the violation; and
     (b) with respect to the violator, the violator's ability to pay and prior history of violations, the economic benefit or savings, if any, to the violator resulting from the violator's action, the amounts voluntarily expended by the violator to address or mitigate the violation or impacts of the violation to waters of the state, and other matters that justice may require.

     History: En. Sec. 17, Ch. 21, L. 1971; amd. Sec. 6, Ch. 506, L. 1973; amd. Sec. 67, Ch. 349, L. 1974; amd. Sec. 11, Ch. 455, L. 1975; R.C.M. 1947, 69-4823(1), (3); amd. Sec. 1, Ch. 644, L. 1991; amd. Sec. 8, Ch. 297, L. 1995; amd. Sec. 13, Ch. 497, L. 1995.