Section 71-4402. Violations of title 15 of article 27 of this chapter

1. Civil and administrative sanctions.
    Any  person  who  violates  any  of the provisions of, or who fails to
  perform any duty imposed by title 15 of article 27 of this  chapter,  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
  title shall be liable in the case of a  first  violation,  for  a  civil
  penalty  not  to  exceed  twenty-five thousand dollars and an additional
  penalty of not more than  twenty-five  thousand  dollars  for  each  day
  during   which   such   violation  continues,  to  be  assessed  by  the
  commissioner after an opportunity to be heard pursuant to the provisions
  of section 71-1709 of this chapter, or by the court  in  any  action  or
  proceeding pursuant to section 71-2727 of this chapter, and, in addition
  thereto, such persons 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. In  the
  case of a second and any further violation, the liability shall be for a
  civil  penalty  not  to  exceed  fifty  thousand  dollars  for each such
  violation and an additional penalty not to exceed fifty thousand dollars
  for each day during which such violation continues.
    2. Criminal sanctions.
    a. Any person who violates any of the provisions of or  who  fails  to
  perform  any  duty  imposed by title 15 of article 27 of this chapter or
  any rules and regulations 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
  title shall be guilty of a violation and, upon conviction thereof, shall
  be  punished  by  a  fine not to exceed five thousand dollars per day of
  violation, or by imprisonment for a term of not more than fifteen  days,
  or by both such fine and imprisonment.
    b.  Any  person  who,  intentionally,  knowingly,  or recklessly shall
  violate any of the provisions of  or  who  fails  to  perform  any  duty
  imposed  by  title  15  of  article  27 of this chapter or any rules and
  regulations 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  title
  shall  be  guilty of a class B misdemeanor and, upon conviction thereof,
  shall for a first conviction be punished by a fine not to exceed fifteen
  thousand dollars per day of violation or by imprisonment for a  term  of
  not  more  than ninety days, or both such fine and imprisonment.  If the
  conviction is for an offense committed after a first conviction of  such
  person  under  this  paragraph,  within  the  preceding five years, such
  person shall be guilty of a class A  misdemeanor  and  upon  conviction,
  punishment  shall  be by a fine not to exceed fifty thousand dollars per
  day of violation, or by imprisonment for not more than one  year  or  by
  both such fine and imprisonment.