North Dakota Code 38-14.1-32 – Penalties – Unclassified
1. Any operator or permittee who violates this chapter, or any permit condition or regulation implementing this chapter may be assessed a civil penalty not to exceed ten thousand dollars per day of such violation except that if such violation leads to the issuance of a cessation order, a civil penalty must be assessed. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. In determining the amount of the penalty, consideration must be given to:
Terms Used In North Dakota Code 38-14.1-32
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. The operator’s or permittee’s history of previous violations at the particular surface coal mining operation; b. The seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; c. Whether the operator or permittee was negligent; and
d. The demonstrated good faith of the operator or permittee charged in attempting to achieve rapid compliance after notification of the violation.
2. Any operator or permittee who fails to correct a violation for which a notice or order has been issued under section 38-14.1-28 within the period permitted for the accomplishment of remedial measures must be assessed a civil penalty of not less than seven hundred fifty dollars for each day during which such failure or violation continues.
3. Any person, operator, or permittee must, upon conviction, be punished by a fine of not more than fifteen thousand dollars or by imprisonment for not more than one year, or both, who:
a. Knowingly engages in surface coal mining operations without previously securing a permit as required by this chapter; b. Knowingly violates any permit condition or limitation implementing this chapter; c. Willfully makes any false statement, representation, or certification, or willfully fails to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter; d. Willfully falsifies, tampers with, or knowingly and willfully renders inaccurate, any monitoring device or method required to be maintained under this chapter; or
e. Fails or refuses to comply with a final order by a court pursuant to section 38-14.1-35, an order issued by the commission pursuant to section 38-14.1-28, or any order incorporated in a final decision by the commission, except an order incorporated in a decision requiring the payment of a penalty.
4. Any operator or permittee who knowingly violates section 38-14.1-26 must, upon conviction, be punished by a fine of not more than five thousand dollars or by imprisonment for not more than one year, or both.
5. Any employee of the commission who willfully violates section 38-14.1-38 must, upon conviction, be punished by a fine of not more than two thousand five hundred dollars, or by imprisonment of not more than one year, or both.
6. Whenever a corporate permittee or limited liability company permittee violates a condition of a permit or fails or refuses to comply with an order issued by the commission pursuant to section 38-14.1-28, or any order incorporated in a final decision issued by the commission, except an order incorporated in a decision requiring the payment of a penalty, any director, officer, or agent of such corporation and any governor, manager, or agent of such limited liability company who willfully and knowingly authorized, or carried out such violation, failure, or refusal is subject to the same criminal and civil penalties, fines, and imprisonment that may be imposed under subsections 1 and 3.
7. Any action for the collection of civil penalties under this section must be tried in the district court for the county in which the alleged violation occurred or in which the person or operator alleged to have committed the violation has the person’s or operator’s residence or principal office in the state.