§ 46-15-11 - Penalties and remedies.
SECTION 46-15-11
§ 46-15-11 Penalties and remedies. –(a) It shall be the duty of any person to comply with any order issued pursuantto this chapter. If the person fails to comply with the order within such time,if any, as may be specified, the order may be enforced by the superior court,upon application made by the water resources board.
(b) Any person who willfully or negligently violates anyprovision of this chapter, or any rule or regulation or other order promulgatedby the water resources board, or any condition of any permit issued pursuant tothe chapter, is guilty of a misdemeanor and, upon conviction, shall be subjectto a fine of not more than five hundred ($500) dollars for each separateoffense or to imprisonment for a period 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 water resources board mayassess a civil penalty upon a person for the violation. The penalty may beassessed whether or not the violation was willful or negligent. When the waterresources board assesses a civil penalty, it shall inform the person of theamount of the penalty. The person charged with the penalty shall then havethirty (30) days to pay the penalty in full or, if the person wishes to contesteither the amount of the penalty or the fact of the violation, the personshall, within the thirty (30) day period, file an appeal of the action with thewater resources board. Failure to appeal within thirty (30) days shall resultin a waiver of all legal rights to contest the violation or the amount of thepenalty. The maximum civil penalty which may be assessed pursuant to thissection is five thousand dollars ($5,000) per day for each violation. Eachviolation for each separate day and each violation of any provision of thischapter, any rule or regulation under this chapter, any order of the waterresources board, or any term or condition of a permit shall constitute aseparate and distinct offense under this section.
(d) The penalties and remedies prescribed shall be deemedconcurrent, and the existence of or exercise of any remedy shall not preventthe water resources board from exercising any other remedy hereunder.
(e) Violations on separate days shall constitute separateoffenses for purposes of this chapter.