§ 74-64. Penalties for violations.
§74‑64. Penalties for violations.
(a) Civil Penalties.
(1) a. Acivil penalty of not more than five thousand dollars ($5,000) may be assessedby the Department against any person who fails to secure a valid operatingpermit prior to engaging in mining, as required by G.S. 74‑50. No civilpenalty shall be assessed until the operator has been given notice of theviolation pursuant to G.S. 74‑60. Each day of a continuing violationshall constitute a separate violation and a civil penalty of not more than fivethousand dollars ($5,000) per day may be assessed for each day the violationcontinues.
b. Any permittedoperator who violates any of the provisions of this Article, any rules adoptedunder this Article, or any of the terms and conditions of the mining permitshall be subject to a civil penalty of not more than five hundred dollars($500.00). Each day of a continuing violation shall constitute a separateviolation. Prior to the assessment of any civil penalty, written notice of theviolation shall be given. The notice shall describe the violation withreasonable particularity, shall specify a time period reasonably calculated topermit the violator to complete actions to correct the violation, and shallstate that failure to correct the violation within that period may result inthe assessment of a civil penalty.
c. In determining theamount of the penalty, the Department shall consider the degree and extent ofharm caused by the violation, the cost of rectifying the damage, the amount ofmoney the violator saved by the noncompliance, whether the violation wascommitted willfully, and the prior record of the violator in complying orfailing to comply with this Article.
(2) The Department shalldetermine the amount of the civil penalty to be assessed pursuant to G.S. 74‑64(a)(1)and shall give notice to the operator of the assessment of the civil penaltypursuant to G.S. 74‑60, or by any means authorized by G.S. 1A‑1,Rule 4. The notice shall set forth in detail the violation or violations forwhich the civil penalty has been assessed. The operator may appeal theassessment of any civil penalty assessed pursuant to this section in accordancewith the procedures set forth in G.S. 74‑61.
(3) The notice ofassessment shall direct the violator to pay the assessment or contest theassessment as provided in G.S. 74‑61. If the violator does not pay theassessment within 30 days after receipt of the notice of assessment or within30 days after receipt of the final agency decision, where the assessment hasbeen contested, the Department shall request the Attorney General to institutea civil action in superior court to recover the amount of the penalty. A civilaction under this section shall be filed within three years of the date thefinal agency decision was served on the violator.
(4) The clear proceedsof civil penalties collected pursuant to this section shall be remitted to theCivil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(5) In addition to otherremedies, the Department may request the Attorney General to institute anyappropriate action or proceedings to prevent, restrain, correct or abate anyviolation of this Article or any rules adopted under this Article, or theobstruction, hampering, or interference with an authorized representative ofthe Department while the representative is carrying out official dutiespursuant to this Article.
(b) Criminal Penalties. In addition to other penalties provided by this Article, any operator whoengages in mining in willful violation of the provisions of this Article or ofany rules promulgated hereunder or who willfully misrepresents any fact in anyaction taken pursuant to this Article or willfully gives false information inany application or report required by this Article shall be guilty of a Class 3misdemeanor and, upon conviction thereof, shall only be fined not less than onehundred dollars ($100.00) nor more than one thousand dollars ($1,000) for eachoffense. Each day of continued violation after written notification shall beconsidered a separate offense. (1971, c. 545, s. 19; 1979,c. 252, s. 2; 1981, c. 787, ss. 7, 8; 1987, c. 246, s. 1; c. 827, s. 85; 1989(Reg. Sess., 1990), c. 1024, s. 16; 1993, c. 539, s. 555; 1994, Ex. Sess., c.24, s. 14(c); 1993 (Reg. Sess., 1994), c. 568, s. 10; 1998‑215, s. 42.)