19-6-821. Violations -- Civil proceedings and penalties -- Orders -- Reimbursement for expenses.
(1) A person who violates any provision of this part or any order, permit, plan approval, or rule issued or adopted under this part is subject to a civil penalty of not more than $10,000 per day for each day of violation as determined in a civil hearing under, except: Title 63G, Chapter 4, Administrative Procedures Act any violation of Subsection,, oris subject to the penalty under Subsectionrather than the penalties under this section; and 19-6-804(1) (3) (4) 19-6-804(5) any violation of Subsection,, orregarding payment of the recycling fee by the tire retailer is subject to penalties as provided in Subsectionrather than the penalties under this section. 19-6-808(1) (2) (3) 19-6-808(4)
(2) The director may bring an action in the name of the state to restrain a person from continuing a violation of this part and to require the person to perform necessary remediation regarding a violation of this part.
(3) When the director finds a situation exists in violation of this part that presents an immediate threat to the public health or welfare, the director may issue an emergency order under. Title 63G, Chapter 4, Administrative Procedures Act
(4) The director may revoke the registration of a waste tire recycler or transporter who violates any provision of this part or any order, plan approval, permit, or rule issued or adopted under this part.
(5) The director may revoke the tire storage permit for a storage facility that is in violation of any provision of this part or any order, plan approval, permit, or rule issued or adopted under this part.
(6) If a person has been convicted of violating a provision of this part prior to a finding by the director of a violation of the same provision in an administrative hearing, the director may not assess a civil monetary penalty under this section for the same offense for which the conviction was obtained.
(7) Except as provided in Subsectionand unless prohibited by federal law, the department shall deposit all money collected from a civil penalty under this section into the fund. 19-1-303.5(2)