1. (1) Any person who knowingly violates any provision of Sections 19-3-104 through 19-3-113 or lawful orders or rules adopted by the department under those sections shall in a criminal proceeding:

   1. (a) for the first violation, be guilty of a class B misdemeanor; and
   2. (b) for a subsequent similar violation within two years, be guilty of a third degree felony.
2. (2) In addition, a person is liable for any expense incurred by the department in removing or abating any violation.
3. (3) Conviction under Sections 19-3-104 through 19-3-113 does not relieve the person convicted from civil liability for any act which was also a violation of the public health laws.

Amended by Chapter 271, 1998 General Session