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This entry was published on 2024-01-05
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SECTION 71-3703
Enforcement of article 37
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 37
§ 71-3703. Enforcement of article 37.

1. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0107 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed two thousand five hundred dollars for each such violation and an
additional penalty of not more than five hundred dollars for each day
during which such violation continues, and, in addition thereto, such
person may be enjoined from continuing such violation.

2. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0505 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed one thousand dollars for each day during which such violation
continues, and in addition thereto, such person may be enjoined from
continuing such violation. Such person shall for a second violation be
liable to the people of the state for a civil penalty not to exceed two
thousand five hundred dollars for each day during which such violation
continues.

3. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0705 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed one thousand dollars for each day during which such violation
continues, and in addition thereto, such person may be enjoined from
continuing such violation. Such person shall for a second violation be
liable to the people of the state for a civil penalty not to exceed two
thousand five hundred dollars for each day during which such violation
continues.

4. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0117 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed one thousand dollars for each day during which such violation
continues, and in addition thereto, such person may be enjoined from
continuing such violation. Such person shall for a second violation be
liable to the people of the state for a civil penalty not to exceed two
thousand five hundred dollars for each day during which such violation
continues.

5. Any person who violates any of the provisions of or who fails to
perform any duty imposed by sections 37-1003 and 37-1007 of this chapter
or any rule or regulation promulgated pursuant hereto, shall be liable
for a civil penalty not to exceed one thousand dollars for each day
during which such violation continues, and in addition thereto, such
person may be enjoined from continuing such violation. Such person shall
for a second violation be liable to the people of the state for a civil
penalty not to exceed two thousand five hundred dollars for each day
during which such violation continues.

6. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0121 of this chapter or any rule
or regulation promulgated pursuant hereto, shall be liable for a civil
penalty not to exceed one thousand dollars for each day during which
such violation continues, and in addition thereto, such person may be
enjoined from continuing such violation. Such person shall for a second
violation be liable to the people of the state for a civil penalty not
to exceed two thousand five hundred dollars for each day during which
such violation continues.