2013 Idaho Statutes
Title 58 - PUBLIC LANDS
Chapter 13 - NAVIGATIONAL ENCROACHMENTS
Section 58-1308 - PENALTY FOR VIOLATION -- INJUNCTIVE RELIEF.
(2) In addition to the civil penalty set forth in subsection (1) of this section, any person who violates any of the provisions of this chapter or any valid and authorized regulation, rule, permit or order of the board, and the violation causes harm to water quality, fisheries, or other public trust values, shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) per violation or one thousand dollars ($1,000) for each day of a continuing violation, whichever is greater. The method of recovery of said penalty shall be by a civil enforcement action in the district court in and for the county where the violation occurred. Parties to an administrative enforcement action may agree to a civil penalty as provided in this subsection.
(3) In addition to such civil penalties, any person who has been determined to have violated the provisions of this chapter or any valid and authorized regulation, rule, permit or order of the board, shall be liable for any expense incurred by the state in enforcing the chapter, or in enforcing or terminating any nuisance, source of environmental degradation, cause of sickness or health hazard.
(4) No action taken pursuant to the provisions of this chapter or of any other environmental protection law shall relieve any person from any civil action and damages that may exist for injury or damage resulting from any violation of this chapter or any valid and authorized regulation, rule, permit or order of the board.
History:
[(58-1308) 58-149, as added by 1974, ch. 243, sec. 8, p. 1608; am. and redesig. 1990, ch. 362, sec. 8, p. 985; am. 2008, ch. 334, sec. 1, p. 919.]
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