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25.3010 Penalties and remedies.

Cite as [A.S.C.A. § 25.3010]

(a) A fine not less than $1,000 and not more than $10,000 may be imposed on persons who violate paragraph (1) of 25.3008.

(b) Persons who violate or fail or refuse to comply with orders issued by the Director under 25.3005, or pay a civil penalty issued pursuant to this section, may, to enforce those orders, be fined not less than $1,000 and not more than $10,000 for each day in which the violation occurs or failure to comply continues.

(c) Persons who violate the provisions of 25.3003 or any rule adopted under it are guilty of a class A misdemeanor punishable by a fine of not less than $2,000 and not more than $10,000 per violation. In the instance of a continuing violation, each day of violation constitutes a separate offense.

(d) In addition to the remedies provided in paragraph (c) of this section, for public water systems serving in excess of 10,000 persons the Director may impose by order an administrative penalty of not less than $1,000 per violation per day for violation of 25.3003 and rules adopted under it. For public water systems serving less than 10,000 persons, the Director may impose administrative penalties of not less than $500 per violation per day for such violations. However, an administrative penalty shall not be imposed under this chapter without first providing the alleged violator with notice and opportunity for hearing in accordance with the provisions of the Administrative Procedures Act et seq., A.S.C.A.

(e) The Director may institute civil actions for injunctive relief to prevent violations of orders or rules issued or adopted under this chapter, or threatened violations, in addition to other remedies provided for in this section.

(f) The trial division of the High Court of American Samoa has original jurisdiction in actions brought under this chapter.

History: 1979, PL 16-13 § 1;amd 1980, PL 16-61 § 2; amd 2002, PL 27-30.

Amendments: 1980 Subsection (c); added. Subsections (d) and (e) relettered from previous (c) and (d), and “or threatened violations” added to subsection (d).