§ 46-23-7.1. Administrative penalties. Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to § 46-23-7(a); or any assent, order, or decision of the council, may be assessed an administrative penalty by the chairperson or executive director in accordance with the following:

(1) The chairperson or executive director is authorized to assess an administrative penalty of not more than two thousand five hundred dollars ($2,500) for each violation of this section, and is authorized to assess additional penalties of not more than five hundred dollars ($500) for each day during which this violation continues after receipt of a cease and desist order from the council pursuant to § 46-23-7(a), but in no event shall the penalties in an aggregate equal or exceed ten thousand dollars ($10,000). Prior to the assessment of a penalty under this subdivision, the property owner or person committing the violation shall be notified by certified mail or personal service that a penalty is being assessed. The notice shall include a reference to the section of the law, rule, regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to constitute the violation; a statement of the amount of the administrative penalty assessed; and a statement of the party's right to an administrative hearing.

(2) The party shall have twenty-one (21) days from receipt of the notice within which to deliver to the council a written request for a hearing. This request shall specify in detail the statements contested by the party. The executive director shall designate a person to act as hearing officer. If no hearing is requested, then after the expiration of the twenty-one (21) day period, the council shall issue a final order assessing the penalty specified in the notice. The penalty is due when the final order is issued. If the party shall request a hearing, any additional daily penalty shall not commence to accrue until the council issues a final order.

(3) If a violation is found to have occurred, the council may issue a final order assessing not more than the amount of the penalty specified in the notice. The penalty is due when the final order is issued.

(4) The party may within thirty (30) days appeal the final order, of fine assessed by the council to the superior court which shall hear the assessment of the fine de novo.

History of Section. (P.L. 1989, ch. 516, § 2; P.L. 1991, ch. 42, § 2; P.L. 1992, ch. 352, § 1; P.L. 2004, ch. 213, § 1; P.L. 2004, ch. 301, § 1.)