Section 34A-3A-26 - Penalties for violation of chapter--Factors considered in determiningpenalty--Disposition of funds collected. - South Dakota Statutes

34A-3A-26. Penalties for violation of chapter--Factors considered in determining penalty--Disposition of funds collected. A violation of any provision of this chapter or any rule promulgated pursuant to this chapter is subject to an administrative penalty assessed by the secretary, after notice and opportunity for hearing, pursuant to chapter 1-26. In the case of a public water system serving a population of more than ten thousand, the maximum penalty amount may be no more than one thousand dollars per day per violation. In the case of a public water system serving a population of less than ten thousand, the penalty may not exceed five hundred dollars per day per violation. The maximum penalty, assessed by the secretary, may not exceed five thousand dollars per violation. In determining the amount of the penalty upon finding a violation, or the amount of a settlement, the secretary shall consider the gravity of the violation, prior violations and compliance history, damage caused by the violation, the willfulness of the violation, and good faith attempts to achieve compliance. All penalties collected pursuant to this section shall be deposited in the regulated substance response fund, established pursuant to § 34A-12-3.

Source: SL 1999, ch 181, § 2.