75-6-114. Civil penalty. (1) In an action initiated by the department to collect civil penalties against a person who is found to have violated this part or a rule, order, or condition of approval issued under this part, the person is subject to a civil penalty not to exceed $10,000.
     (2) Each day of violation constitutes a separate violation.
     (3) Action under this section does not bar enforcement of this part or a rule, order, or condition of approval issued under this part by injunction or other appropriate remedy.
     (4) When 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, 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.
     (5) Civil penalties collected pursuant to this section must be deposited in the state general fund.

     History: En. Sec. 7, Ch. 645, L. 1991; amd. Sec. 3, Ch. 302, L. 1995; amd. Sec. 65, Ch. 509, L. 1995.