(a) A person who violates this chapter is liable for a civil penalty of not less than
$500 or more than $10,000 for each violation. Each day a violation occurs or continues may be considered a separate violation
for purposes of a civil penalty assessment.
(b) On request of the department, the attorney general or the county attorney or the
district attorney of the county in which the violation is alleged to have occurred
shall file suit to collect the penalty. The attorney general, a county attorney, or a district attorney may file suit under
this section without a request from the department.
(c) A county attorney, a district attorney, or the attorney general shall sue in the
name of the state for the collection of a penalty provided by this section.
(d) A civil penalty collected under this section shall be deposited in the state treasury
to the credit of the general revenue fund. All civil penalties recovered in suits initially instituted by a local government
or governments under this section shall be divided equally between the state and the
local government or governments, with 50 percent of the recovery to be paid to the
general revenue fund and the other 50 percent to be paid equally to the local government
or governments initially instituting the suit.
(e) A civil penalty may not be collected for any violation that constituted the basis
for a department proceeding to assess an administrative penalty, regardless of whether
the department was successful in obtaining a judgment for the administrative penalty.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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