TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 14. Oil or Hazardous Material Spills or Releases, 12-14-1 through 12-14-4.

ARTICLE 7 ALABAMA-COOSA-TALLAPOOSA RIVER BASIN COMPACT

ARTICLE XI PUBLIC PARTICIPATION

12-14-4. Civil penalties; procedures for imposing penalties.

1. Any person knowingly violating any provision of this chapter or rules or regulations established pursuant to this chapter shall be liable for a civil penalty of not more than $1,000.00 per day. Each day during which the violation continues may be considered a separate violation.
2. Whenever the director has probable cause to believe that a violation of any provision of this chapter, a violation of any rule or regulation of the board, or a violation of any order of the director has occurred, he may attempt to remedy the same by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of the chapter, the rules and regulations, or the order alleged to have been violated and the director may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order. Any order issued by the director under this subsection shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing which shall be conducted in accordance with Code Section 12-2-2.
3. Whenever the director has probable cause to believe that any person has violated any provision of this chapter or any rules or regulations adopted pursuant to this chapter, he may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the board. Upon a finding that such person has violated any provisions of this chapter or any rule or regulation adopted pursuant to this chapter, the hearing officer shall issue his initial decision imposing civil penalties as provided in subsection (a) of this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-2-2.
4. In rendering a decision under subsection (c) of this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following:
   1. The amount of assessment necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying compliance;
   2. The character and degree of impact of the violation on the natural resources of the state, especially any rare or unique natural phenomena;
   3. The conduct of the person incurring the civil penalty in taking all feasible steps or procedures necessary or appropriate to correct the violation;
   4. Any prior violations by such person, or failures by such person to comply with, statutes or regulations;
   5. The character and degree of injury to, or interference with, public health, safety, or welfare which is caused or threatened to be caused by such violation; and
   6. The character and degree of injury to, or interference with, reasonable use of property which is caused by such violation.
5. All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury to the credit of the general fund.

(Code 1981, §12-14-4, enacted by Ga. L. 1988, p. 354, § 1.)