(a)

1. (1) Upon referral by the supervisor, a person who violates this chapter or a regulation implementing this chapter is subject to a civil penalty of not more than fifty thousand dollars ($50,000) for each separate violation or, for continuing violations, for each day that violation continues, except as otherwise provided in paragraph (2). An act of God or a criminal act of vandalism beyond the reasonable control of the operator is not a violation.

2. (2) A civil penalty under this subdivision shall not be more than twenty-five thousand dollars ($25,000) for each separate violation, or, for continuing violations, for each day that violation continues, if the person accused of the violation alleges by affirmative defense and establishes by a preponderance of the evidence both of the following:

   1. (A) The violation did not result in harm to, and did not present a significant threat to, human health, property, or the environment.
   2. (B) The violation is not a chronic violation, and the operator is not a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, consideration shall be given to whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to applicable requirements.