Section 41.17.131. Penalties for violations.

   (a) An operator, forest landowner, or timber owner who violates or permits a violation of this chapter, a regulation adopted under this chapter, a directive issued under AS 41.17.136, or a stop work order issued under AS 41.17.138 is liable, after notice and hearing, for a civil fine in an amount not to exceed $10,000 to be assessed by the commissioner.  In determining the amount of civil fine, the commissioner shall consider
        (1) the character and degree of injury to forest resources and values;
        (2) the degree of intent or negligence of the respondent in causing or permitting the violation;
        (3) the character and number of past violations caused or permitted by the respondent; and
        (4) if the information is available, the net economic savings realized by the respondent through the violation.
   (b) An operator, forest landowner, or timber owner that, with criminal negligence, violates or permits a violation of this chapter, a regulation adopted under this chapter, a directive issued under AS 41.17.136, or a stop work order issued under AS 41.17.138 is guilty of a class A misdemeanor.  In this subsection, "criminal negligence" has the meaning given in AS 11.81.900(a).
   (c) Each day that a violation described in this section occurs is a separate violation.
   (d) If a respondent violates a directive issued under AS 41.17.136 or a stop work order issued under AS 41.17.138, the attorney general, at the request of the commissioner, may seek an injunction requiring the respondent to suspend all or part of the operations until the respondent complies with the directive or stop work order, and requiring the respondent to repair or correct damage resulting from the violation.
   (e) If a respondent violates a directive issued under AS 41.17.136 that requires the respondent to repair or correct damage, the commissioner may proceed to repair or correct the damage using state agency employees or contractors and the respondent is liable for the cost of the repair.  The commissioner shall deliver to the respondent an itemized statement of expenses incurred.

Authorities

41.17.139

Notes

References

11 AAC 95.250
11 AAC 95.255
AS 41.17.139 Hearing procedures.

History

(Sec. 1 ch 108 SLA 1978; am Sec. 16 ch 34 SLA 1990)