2005 Idaho Code - 39-6211 — REMEDIES

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 62
                              PCB WASTE DISPOSAL
    39-6211.  REMEDIES. (1) Any person determined in a civil enforcement
action to have violated any provision of this chapter or any rule, regulation,
permit or order promulgated pursuant to this chapter 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 the penalty shall be by a
civil enforcement action in and for the county where the violation occurred.
All civil penalties collected under this chapter shall be paid into the
general account of the state operating fund. Parties to an administrative
enforcement action may agree to a civil penalty as provided in this
subsection.
    (2)  In addition to such civil penalties, any person who has been
determined to have violated the provisions of this chapter or the rules,
regulations, permits or order promulgated thereunder, shall be liable for any
expense incurred by the state in enforcing the act, or in enforcing or
terminating any nuisance, source of environmental degradation, cause of
sickness or health hazard.
    (3)  No action taken pursuant to the provisions of this chapter or of any
other environmental protection or health 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 of the rules, regulations, permits and order
promulgated thereunder.
    (4)  In addition to, and notwithstanding other provisions of this chapter,
in circumstances of emergency creating conditions of imminent and substantial
danger to the public health or environment, the attorney general may institute
a civil action for an immediate injunction to halt any discharge, emission or
other activity in violation of the provisions of this chapter or rules,
regulations, permits and orders promulgated thereunder.  In such action the
court may issue an ex parte restraining order.