§ 46-13-16 - Penalties and remedies.
SECTION 46-13-16
§ 46-13-16 Penalties and remedies. –(a) It shall be the duty of any person to proceed diligently to comply with anyorder issued pursuant to this chapter. If that person fails to proceeddiligently or fails to comply with the order within such time, if any, as maybe specified, the order may be enforced by the superior court, upon applicationmade by the director.
(b) Any person who willfully or negligently violates anyprovision of this chapter, any rule or regulation or order of the director, orany condition of any permit issued pursuant to the chapter is guilty of amisdemeanor and, upon conviction, shall be subject to a fine of not more thanfive hundred dollars ($500) for each separate offense, or to imprisonment for aperiod of not more than one year, or both.
(c) In addition to proceeding under any other remedyavailable at law or in equity for a violation of any provision of this chapter,any rule or regulation pursuant to this chapter, or any term or condition ofany permit issued pursuant to this chapter, the relevant director may assess acivil penalty upon a person for the violation. The penalty may be assessedwhether or not the violation was willful or negligent. When the directorassesses a civil penalty, he or she shall inform the person of the amount ofthe penalty. The person charged with the penalty shall then have thirty (30)days to pay the penalty in full or, if the person wishes to contest either theamount of the penalty or the fact of the violation, the person shall within thethirty (30) day period, file an appeal of the action with the director. Failureto appeal within thirty (30) days shall result in a waiver of all legal rightsto contest the violation or the amount of the penalty. The maximum civilpenalty which may be assessed pursuant to this section is five thousand dollars($5,000) per day for each violation. Each violation for each separate day andeach violation of any provision of this chapter, any rule or regulation underthis chapter, any order of the director, or any term or condition of a permitshall constitute a separate and distinct offense under this section.
(d) The penalties and remedies prescribed by this chaptershall be deemed concurrent and the existence of or exercise of any remedy shallnot prevent the director from exercising any other remedy hereunder.
(e) Violations on separate days shall constitute separateoffenses for purposes of this chapter.
(f) Any person who endangers the health of persons byknowingly introducing any contaminant into a public water supply system ortampering with a public water supply system shall be fined not more than fiftythousand dollars ($50,000), or imprisoned for not more than five (5) years, orboth.
(g) Any person who attempts to endanger or makes a threat toendanger the health of persons by knowingly introducing any contaminant into apublic water supply system or tampering with a public water supply system shallbe fined not more than twenty thousand dollars ($20,000), or imprisoned for notmore than three (3) years, or both.
(h) The director may bring a civil action in the superiorcourt against any person who endangers, attempts to endanger, or makes a threatto endanger the health of persons, or otherwise renders the water unfit forhuman consumption, by the introduction of any contaminant into a public watersupply system or tampering with a public water supply system. The court mayimpose on the person a civil penalty of not more than fifty thousand dollars($50,000) for each day that the endangerment or inability to consume the waterexists.
(i) All fines and penalties collected under the penaltyprovisions of this chapter and all fees shall be deposited as general revenues.