Section 146-A:14 Penalty.
I. Any person who recklessly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who recklessly violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person. Each day of a continuing violation shall constitute a separate offense.
II. Any person who purposely or knowingly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who purposely or knowingly violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be guilty of a class B felony. Each day of a continuing violation shall constitute a separate offense.
II-a. Any person who discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be subject to a civil penalty not to exceed $10,000 for each violation. Each day of a continuing violation shall count as a separate violation. Civil penalties for violation of any rule adopted under the provisions of this chapter shall not accrue until the department provides notification of such violation. The attorney general may bring an action for injunctive relief, including a mandatory injunction.
III. [Repealed.]
Source. 1971, 266:1. 1973, 528:56. 1979, 463:2. 1985, 287:8. 1986, 182:4, IV. 1991, 92:20. 1998, 316:1, eff. Jan. 1, 1999. 2009, 106:1, eff. Jan. 1, 2010.