1. (a) In addition to any other penalties, any person violating this chapter, any rule adopted pursuant to this chapter, or the terms and conditions of any permit issued in accordance with this chapter shall be guilty of a petty misdemeanor and shall be fined not less than:

   1. (1) $100 for a first offense;
   2. (2) $200 for a second offense; and
   3. (3) $500 for a third or subsequent offense.
2. (b) The fines specified in this section shall not be suspended or waived. Each day of each violation shall constitute a separate offense.
3. (c) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person.

[L 2001, c 34, pt of §1]