Section 71-2201. Enforcement of title 23 of article 23 of this chapter


Latest version.
  • Administrative  and civil sanctions. 1. Any person who violates any of
      the provisions of, or who fails to perform any duty imposed by title  23
      of  article  23  except  the duty to accept used oil pursuant to section
      23-2307 or any  person  subject  to  section  23-2308  or  any  rule  or
      regulation promulgated pursuant thereto, or any term or condition of any
      certificate   or   permit   issued   pursuant   thereto,  or  any  final
      determination or order of the commissioner made pursuant to this section
      shall be liable for a civil penalty not to exceed one  thousand  dollars
      for  each such violation and an additional penalty of not more than five
      hundred dollars for each day during which such violation  continues,  to
      be  assessed  by  the  commissioner after a hearing or opportunity to be
      heard pursuant to the provisions of section  71-1709  of  this  chapter,
      and, in addition thereto, such person may by similar process be enjoined
      from  continuing  such violation and any permit or certificate issued to
      such person may be revoked or suspended or a pending renewal application
      denied.
        2. Any person who refuses to accept used oil as required  pursuant  to
      subdivision  two  of section 23-2307 shall be liable for a civil penalty
      not to exceed one hundred dollars.
        3. Any person who violates any provision of section  23-2308  of  this
      chapter  shall  be  subject to a civil penalty not to exceed two hundred
      fifty dollars for each violation.
        4. Notwithstanding any other provision of law, any  person  who  shall
      violate  the  provisions  of paragraph (c) of subdivision one of section
      23-2307 or paragraph (d) of subdivision two of section 23-2307  of  this
      chapter  shall  be  liable  for  a  civil  penalty of not more than five
      hundred dollars, and an additional civil penalty of not more  than  five
      hundred  dollars for each day during which such violation continues, not
      to exceed ten thousand dollars.