North Dakota Code 61-28.1-10 – Enforcement – Penalties – Injunction
1. If, after the completion of the administrative hearing process, the department determines that a violation of this chapter, or any rule, regulation, or order of the department issued under this chapter has occurred, it shall make all of its evidence and findings available to the attorney general for use in any remedial action the attorney general’s office determines to be appropriate, including an action for injunctive relief.
Terms Used In North Dakota Code 61-28.1-10
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- population: means the number of inhabitants as determined by the last preceding state or federal census. See North Dakota Code 1-01-47
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- Rule: includes regulation. See North Dakota Code 1-01-49
2. Any person who willfully violates this chapter or any regulation or order of the department shall be punished by a civil penalty of not more than ten thousand dollars per day of violation or an administrative penalty as follows:
a. One thousand dollars per day per violation in the case of a system serving a population of more than ten thousand.
b. An amount adequate to ensure compliance in the case of any system not under subdivision a.
3. Any person who violates this chapter, or any rule implementing this chapter, and any person who violates any order issued by the department under this chapter is subject to a civil penalty not to exceed five thousand dollars per day of violation or an administrative penalty as follows:
a. One thousand dollars per day per violation in the case of a system serving a population of more than ten thousand.
b. An amount adequate to ensure compliance in the case of any system not under subdivision a.
Nothing in this section shall be construed to deny use of the remedy of injunctive relief when it is deemed appropriate.