75-10-424. Administrative penalty. (1) The department may assess a person who violates a provision of this part, or a rule adopted under this part, an administrative penalty, not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation, but the maximum penalty may not exceed $100,000 for any related series of violations. Assessment of an administrative penalty under this section must be made in conjunction with an order or administrative action authorized by this chapter.
     (2) An administrative penalty may not be assessed under this section unless the alleged violator is given notice and opportunity for a hearing before the board pursuant to Title 2, chapter 4, part 6.
     (3) In determining the appropriate amount of an administrative penalty, the department shall consider:
     (a) the gravity and the number of violations;
     (b) the degree of care exercised by the alleged violator;
     (c) whether significant harm resulted to the public health or the environment; and
     (d) the degree of potential significant harm to the public health or the environment.
     (4) If the department is unable to collect the administrative penalty or if a person fails to pay all or any portion of the administrative penalty as determined by the department, the department may seek to recover the amount in an appropriate district court.
     (5) Action under this section does not bar action under 75-10-413 through 75-10-418 or any other appropriate remedy.
     (6) Administrative penalties collected under this section must be deposited in the state general fund.

     History: En. Sec. 2, Ch. 509, L. 1993; amd. Sec. 9, Ch. 28, L. 1995; amd. Sec. 31, Ch. 112, L. 1997.