19-2-115. Violations -- Penalties -- Reimbursement for expenses.
(1) As used in this section, the terms "knowingly," "willfully," and "criminal negligence" shall mean as defined in Section. 76-2-103
(2) A person who violates this chapter, or any rule, order, or permit issued or made under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for each violation. Subsectionalso applies to rules made under the authority of Section, for implementation of 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response. (2)(a) 19-2-104 Penalties assessed for violations described in 15 U.S.C.A. 2647, Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, may not exceed the amounts specified in that section and shall be used in accordance with that section.
(3) A person is guilty of a class A misdemeanor and is subject to imprisonment under Sectionand a fine of not more than $25,000 per day of violation if that person knowingly violates any of the following under this chapter: 76-3-204 an applicable standard or limitation; a permit condition; or a fee or filing requirement.
(4) A person is guilty of a third degree felony and is subject to imprisonment under Sectionand a fine of not more than $25,000 per day of violation who knowingly: 76-3-203 makes any false material statement, representation, or certification, in any notice or report required by permit; or renders inaccurate any monitoring device or method required to be maintained by this chapter or applicable rules made under this chapter.
(5) Any fine or penalty assessed under Subsectionsoris in lieu of any penalty under Section. (2) (3) 19-2-109.1
(6) A person who willfully violates Sectionis guilty of a class A misdemeanor. 19-2-120
(7) A person who knowingly violates any requirement of an applicable implementation plan adopted by the board, more than 30 days after having been notified in writing by the director that the person is violating the requirement, knowingly violates an order issued under Subsection, or knowingly handles or disposes of asbestos in violation of a rule made under this chapter is guilty of a third degree felony and subject to imprisonment under Sectionand a fine of not more than $25,000 per day of violation in the case of the first offense, and not more than $50,000 per day of violation in the case of subsequent offenses. 19-2-110(1) 76-3-203
(8) As used in this section: "Hazardous air pollutant" means any hazardous air pollutant listed under 42 U.S.C. Sec. 7412 or any extremely hazardous substance listed under 42 U.S.C. Sec. 11002(a)(2). "Organization" means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. "Serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. A person is guilty of a class A misdemeanor and subject to imprisonment under Sectionand a fine of not more than $25,000 per day of violation if that person with criminal negligence: 76-3-204 releases into the ambient air any hazardous air pollutant; and places another person in imminent danger of death or serious bodily injury. As used in this Subsection, "person" does not include an employee who is carrying out the employee's normal activities and who is not a part of senior management personnel or a corporate officer. (8)(b) A person is guilty of a second degree felony and is subject to imprisonment under Sectionand a fine of not more than $50,000 per day of violation if that person: 76-3-203 knowingly releases into the ambient air any hazardous air pollutant; and knows at the time that the person is placing another person in imminent danger of death or serious bodily injury. If a person is an organization, it shall, upon conviction of violating Subsection, be subject to a fine of not more than $1,000,000. (8)(c) A defendant who is an individual is considered to have acted knowingly under Subsectionsand, if: (8)(c) (d) the defendant's conduct placed another person in imminent danger of death or serious bodily injury; and the defendant was aware of or believed that there was an imminent danger of death or serious bodily injury to another person. Knowledge possessed by a person other than the defendant may not be attributed to the defendant. Circumstantial evidence may be used to prove that the defendant possessed actual knowledge, including evidence that the defendant took affirmative steps to be shielded from receiving relevant information. It is an affirmative defense to prosecution under this Subsectionthat the conduct charged was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of: (8) an occupation, a business, a profession; or medical treatment or medical or scientific experimentation conducted by professionally approved methods and the other person was aware of the risks involved prior to giving consent. The defendant has the burden of proof to establish any affirmative defense under this Subsectionand shall prove that defense by a preponderance of the evidence. (8)(f)
(9) Except as provided in Subsectionand unless prohibited by federal law, the department shall deposit all money collected from a civil penalty or fine imposed under this section into the General Fund. 19-1-303.5(2)