Title 12, Chapter 13, Section 19
( 12-13-19)
(a) If a person fails to comply with an order under Code Section 12-13-14 within the time specified in the order, he shall be liable for a civil penalty of not more than $25,000.00 for each day of continued noncompliance. (b) Any person who fails to notify or submits false information
pursuant to any provision of this chapter shall be subject to a
civil penalty not to exceed $10,000.00 for each tank for which
notification is not given or for each time false information is
submitted. (c) Any person who violates any provision of this chapter or any
requirement, standard, rule, or regulation promulgated by the board
pursuant to this chapter shall be subject to a civil penalty not to
exceed $10,000.00 for each day of violation for each underground
storage tank in violation thereof. (d) Any person not subject to the provisions of 18 U.S.C. Section 1905 who knowingly and willfully divulges or discloses any information entitled to protection under Code Section 12-13-21 shall, upon conviction, be subject to a fine of not more than $5,000.00 or to imprisonment not to exceed one year, or both. (e) Whenever the director has reason to believe that any person has violated any provision of this chapter or any rule or regulation effective under this chapter or has failed or refused to comply with any final order or emergency order of the director, he may upon written request cause a hearing to be conducted before a hearing officer appointed by the board. Upon finding that said person has violated any provision of this chapter or any rule or regulation effective under this chapter or has failed or refused to comply with any final order or emergency order of the director, said hearing officer shall issue his decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-13-16. (f) In rendering a decision under this Code section imposing civil
penalties, the hearing officer shall consider all factors which are
relevant including, but not limited to, the following: (1) The amount of civil penalty necessary to ensure immediate and
continued compliance and the extent to which the violator may have
profited by failing or delaying to comply; (2) The character and degree of impact of the violation or failure
on the natural resources of the state, especially any rare or
unique natural phenomena; (3) The conduct of the person incurring the civil penalty in
promptly taking all feasible steps or procedures necessary or
appropriate to comply or to correct the violation or failure; (4) Any prior violations or failures to comply by such person with
statutes, rules, regulations, or orders administered, adopted, or
issued by the director; (5) The character and degree of injury to or interference with
public health or safety which is caused or threatened to be caused
by such violation or failure; and (6) The character and degree of injury to or interference with
reasonable use of property which is caused or threatened to be
caused by such violation or failure. (g) All civil penalties recovered by the director as provided in this Code section shall be paid into the Underground Storage Tank Trust Fund established pursuant to the provisions of Code Section 12-13-9. |