Reference is to Printer's Date 4/18/13-H.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 48-1-330 of the 1976 Code is amended to read:
"Section 48-1-330.
(A) Any person violating any of
the provisions of this chapter, or any rule or regulation,
permit or permit condition, final determination or order of the
Department, shall be subject to a civil penalty not to exceed
ten thousand dollars per day of such violation.
(B) An
enforcement order for similar or related violations to those
addressed in a previous enforcement order must:
(1)
for a second enforcement order involving similar
or related violations, increase the penalty amount by
thirty-five percent over the previous enforcement order;
(2)
for a third enforcement order involving similar
or related violations, increase the penalty amount by seventy
percent over the previous order and allow for notice and a
public hearing; and
(3)
for a fourth enforcement order involving similar
or related violations, increase the penalty amount by seventy
percent over the previous order, revoke the permit holder's
permit, and refer the permit holder to the Attorney General's
Office for criminal prosecution.
(C) New
similar or related violations to those addressed in a third
enforcement order are wilful per se. The Department shall use
administrative orders for any third, fourth, or additional
enforcement order after the fourth enforcement order.
(D) As
used in this section:
(1)
'Repeat offender' means any person who allows to
occur similar or related violations to those addressed in a
previous enforcement order involving the same person, facility,
site, or permit.
(2)
'Similar or related violations' mean the same
permit, regulation, or statute were involved in the
violation.
(3)
'Enforcement order' means an enforcement
conference where justification was found to resolve the
violations without an order, consent order, administrative
order, or any similar orders enforcing the provisions of this
section." /
Renumber sections to conform.
Amend title to conform.