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24.0166 Pollution of air-Penalty.

Cite as [A.S.C.A. § 24.0166]

(a) A person who violates any provision of this chapter, or any rule in force pursuant to it, relating to the emission of air pollutants, stationary air pollution source permit conditions, fees and filing requirements, inspections, entry or monitoring activities, or any order issued by the Executive Secretary, the Commission or its authorized representatives, shall be guilty of an infraction and subject on account thereof to pay a fine not to exceed $10,000 for each separate offense. Each day of violation constitutes a separate offense.

(b) In addition to any other remedy provided by this chapter, the Executive Secretary is authorized to impose by order administrative penalties for violations of this chapter or any permit requirement or regulation in force pursuant thereto not to exceed $10,000 per day for each separate offense. An administrative penalty shall not be imposed without first providing the alleged violator with notice and opportunity for a hearing in accordance with the provisions of the Administrative Procedures Act, A.S.C.A. 4.1001 et seq.

(c) Any person who knowingly violates any stationary air pollution source permit rules adopted by the Commission pursuant to this chapter, including any condition in a permit or any fee or filing requirement, shall be guilty of a felony punishable by a fine not to exceed ten-thousand ($10,000) dollars per day or by imprisonment for a term not to exceed 2 years, or by both, for each separate violation.

(d) Any person who knowingly makes any false material statement, representation or certification upon any form or in any notice or report required by a permit, or who knowingly renders inaccurate any required monitoring device or method required by the Commission to be maintained under this chapter or the rules in force pursuant thereto, shall be guilty of a felony punishable by a fine not to exceed ten-thousand ($10,000) dollars per day or by imprisonment for a term not to exceed 2 years, or by both, for each separate violation.

(e) The burden of proof or degree of knowledge or intent required under the laws of this Territory for establishing violations under this section shall be no greater than the burden of proof or degree of knowledge or intent required by the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.

(f) A civil penalty or criminal fine sought or agreed upon by the Commission under this section shall be appropriate to the violation.

(g) Any fines and penalties collected under this section shall be deposited in the Stationary Air Pollution Source Special Fund established pursuant to 24.0117.

History: 1972, PL 12-45 § 1; amd 1980, PL 16-90 § 36, 2000, PL 26-22.

Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal Justice.