§ 23-18.9-10 - Penalties.
SECTION 23-18.9-10
§ 23-18.9-10 Penalties. – (a) Criminal penalties. (1) Any person who constructs a solid wastemanagement facility or construction and demolition (C&D) debris processingfacility or installs equipment in the facility or expands the facility withoutfirst obtaining approval of the plans and specifications for the facility, orany person who operates the facility without obtaining a license to do so fromthe director or who violates any of the provisions of this chapter or anyrules, regulations, permits, licenses, and orders adopted pursuant to thischapter, in the operation of a licensed facility shall be punished by a fine ofnot more than twenty-five thousand dollars ($25,000) or by imprisonment for notmore than five (5) years, or both fine and imprisonment, and every person isguilty of a separate and distinct offense for each day during which theviolation is repeated or continued.
(2) Any person who disposes of solid waste at other than alicensed solid waste facility shall be punished by a fine of not more than fivethousand dollars ($5,000) for each day during which the violation is repeatedor continued and all costs incurred in the removal of the solid waste or byimprisonment for not more than five (5) years, or both.
(3) Any person who cocktails hazardous waste as defined by§ 23-19.1-4(4) with construction and demolition debris prior to orcontemporaneously with the transfer of that waste to a construction anddemolition debris processing facility or a construction and demolition debrisfacility or who generates solid waste which is not disposed of in accordancewith the general laws is absolutely liable for the cost of containment,cleanup, restoration and removal of the hazardous wastes and for all damages,losses or injuries, including environmental, which result directly orindirectly from the combination, mixing or addition of the hazardous waste withthe construction and demolition debris and is guilty of a felony and shall bepunished by imprisonment for not more than five (5) years or by a fine of notmore than ten thousand dollars ($10,000), or both. In any case of a continuingviolation, each day's continuance is deemed to be a separate and distinctoffense.
(b) Civil penalty for violations. Any person whoviolates the provisions of this chapter, or of any rule, regulation, or orderissued pursuant to this chapter, shall be subject to a civil penalty, of notmore than twenty-five thousand dollars ($25,000). In the case of a continuingviolation, each day's continuance of the violation is deemed to be a separateand distinct offense.