- (1) A person who disposes of septage in violation of 75-10-1210 or of the standards adopted pursuant to 75-10-1202 is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $500.
(2)
- (a) A person who violates this part or a rule or order adopted pursuant to this part is subject to a civil penalty of not more than $500. Each day that violation of this part, a rule of the department, or an order issued pursuant to this part occurs constitutes a separate violation. The department or the county attorney of the county in which the violation occurred may file an action to collect the penalty.
- (b) Penalties assessed under this subsection (2) must be determined in accordance with the penalty factors in 75-1-1001. An action to recover penalties must be brought in the district court of the county in which the violation occurred.
- (3) Penalties collected by the department under this section must be deposited in the environmental rehabilitation and response account in the state special revenue fund provided for in 75-1-110. Fines and penalties collected by a county must be deposited in the general fund of the county.
History: En. Sec. 9, Ch. 378, L. 1999; amd. Sec. 2, Ch. 338, L. 2001; amd. Sec. 18, Ch. 487, L. 2005; amd. Sec. 39, Ch. 535, L. 2021.