HARRY HUGHES, Governor

2143

EACH DAY ON WHICH A VIOLATION OCCURS CONSTITUTES A
SEPARATE OFFENSE UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from NR § 8-1413.2(p)
-- except the second sentence.

7-266. CIVIL PENALTIES.

(A) CIVIL ACTION.

IN ADDITION TO BEING SUBJECT TO AN INJUNCTIVE ACTION
UNDER THIS SUBTITLE, A PERSON WHO VIOLATES ANY PROVISION OF
THIS SUBTITLE OR OF ANY RULE, REGULATION, ORDER, HAULER
CERTIFICATE, VEHICLE CERTIFICATE, OR FACILITY PERMIT ADOPTED
OR ISSUED UNDER THIS SUBTITLE IS LIABLE TO A CIVIL PENALTY
NOT EXCEEDING $10,000, TO BE COLLECTED IN A CIVIL ACTION.

(B) ADMINISTRATIVE ACTION.

(1)  IN ADDITION TO ANY OTHER REMEDIES AVAILABLE
AT LAW OR IN EQUITY AND AFTER A HEARING AT WHICH A VIOLATION
IS FOUND TO EXIST, THE DEPARTMENT MAY IMPOSE A PENALTY FOR
VIOLATION OF ANY PROVISION OF THIS SUBTITLE OR ANY RULE,
REGULATION, ORDER, HAULER CERTIFICATE, VEHICLE CERTIFICATE,
OR FACILITY PERMIT ADOPTED OR ISSUED UNDER THIS SUBTITLE.

(2)  THE PENALTY IMPOSED UNDER THIS SUBSECTION
SHALL BE:

(I)  UP TO $500 FOR EACH DAY OF VIOLATION,
BUT NOT EXCEEDING $10,000 TOTAL; AND

(II)  ASSESSED WITH CONSIDERATION GIVEN TO:

1.  THE WILLFULNESS OF THE VIOLATION;

2.  THE DAMAGE TO, INJURY TO, AND
IMPAIRMENT OF THE USE OF THE WATERS OF THIS STATE;

3.  THE COST OF CLEAN UP;

4.  THE NATURE AND DEGREE OF INJURY
TO OR INTERFERENCE WITH GENERAL WELFARE, HEALTH, AND
PROPERTY;

5.  THE SUITABILITY OF THE WASTE
SOURCE TO ITS GEOGRAPHIC LOCATION, INCLUDING PRIORITY OF
LOCATION;

6.  THE AVAILABLE TECHNOLOGY AND
ECONOMIC REASONABLENESS OF CONTROLLING, REDUCING, OR
ELIMINATING THE WASTE; AND