2006 Alabama Code - Section 22-25A-6 — Violations.

Violation or failure of an entity to comply with law or conditions of certification or conditions of the operational permit, board rules, or administrative orders issued by the department may result in revocation of certification or regulatory permits or may result in civil penalties not exceeding five thousand dollars ($5,000), or both, per compliance failure or violation. The department is authorized to collect civil penalties from offending entities upon giving the entity notice in accordance with board rules and with the Alabama Administrative Procedure Act. Upon service of notice to the entity by the department, the entity shall either pay the fee or serve notice on the department within 30 days from the date of the service of the notice by the department of its intent to appeal the fee in accordance with the Administrative Procedure Act. An entity receiving an adverse ruling in an administrative hearing held by the department shall either pay the civil penalty or file notice of appeal in accordance with the Administrative Procedure Act. Service of notice of appeal shall suspend any penalty until final adjudication. If an entity fails to file any notice of appeal required by this section in a timely manner, the entity shall become civilly liable to the department in the amount assessed plus costs of the administrative process and hearing plus interest assessed at eight percent per annum from the date of notice of assessment. The department shall assess penalties in accordance with the following statutory guidelines:

(1) Any civil penalty assessed or recovered shall not be less than one hundred dollars ($100) or exceed five thousand dollars ($5,000) for each violation, provided, however, that the total penalty assessed in an order issued by the department shall not exceed ten thousand dollars ($10,000).

(2) Each day a violation continues shall constitute a separate violation for purposes of subdivision (1).

(3) In determining the amount of any penalty, consideration shall be given to the following:

a. The seriousness of the violation, including any irreparable harm to the environment and any threat to the health or safety of the public.

b. The standard of care manifested by the violator.

c. The economic benefit which delayed compliance may confer upon the violator.

d. The nature, extent, and degree of success of efforts to minimize or mitigate the effects of the violation upon the public health or environment.

e. The history of previous violations.

f. The ability of the violator to pay the penalty.

(4) Civil penalties may be assessed under this chapter for any compliance failure or violation occurring within three years prior to the date of issuance of an order or notice or commencement of civil action under this chapter.

(5) Civil penalties assessed hereunder and not paid as provided herein may be recovered in a civil action brought by the department in the Circuit Court of Montgomery County or any county in which the department or defendant does business.

Act 2001-973, 3rd Sp. Sess., p. 900, §6.)