§ 33-5-303. PENALTY.

(a)

In general.

(1)

A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both for each violation.

(2)

Each day on which the violation occurs constitutes a separate offense.

(b)

Injunctions. An agency whose approval is required under this title or an interested person may seek an injunction against any person who violates or threatens to violate any provision of this title.

(c)

Additional penalty — Erosion and sediment control.

(1)

In addition to any other sanction under this title, a person who fails to install or to maintain erosion and sediment controls in accordance with an approved plan is liable to the county or the state in a civil action for damages in an amount equal to double the cost of installing or maintaining the controls.

(2)

Any damages that are recovered under this subsection shall be deposited in a special fund to be used:

(i)

To correct, to the extent possible, the failure to implement or maintain erosion and sediment controls; and

(ii)

For administration of the erosion and sediment control program.

(d)

Same — Forest protection.

(1)

In addition to any other sanction under this title, a person who fails to comply with the requirements of a forest protection and establishment plan or forest conservation plan is liable to the county in a civil action for damages in an amount equal to three times the cost of the requirements outlined in the plan.

(2)

Any damages that are recovered under this subsection shall be used:

(i)

To correct the failure to implement the requirements of the forest protection and establishment plan or forest conservation plan; and

(ii)

For administration of the forest protection and establishment program or forest conservation program.

(e)

Same — Watercourses, etc.

(1)

In addition to any other sanction under this title, a person who fails to comply with the requirements of this title relating to watercourses, wetlands, floodplains, buffers, habitat protection areas and forest buffers is liable to the county in a civil action for damages in an amount equal to twice the cost of restoring these areas as determined by the Department.

(2)

Any damages that are recovered under this subsection shall be used for:

(i)

The restoration of any damaged watercourse, wetlands, floodplains, buffer, habitat protection area or forest buffer; and

(ii)

Administration of the wetland protection program.

(f)

Additional enforcement methods.

(1)

In addition to the enforcement methods provided in this title, the Director of the Department of Permits, Approvals and Inspections may enforce the provisions of this title in accordance with Article 3, Title 6 of the Code.

(2)

In accordance with Article 3, Title 6 of the Code, the Director may:

(i)

Issue a correction notice;

(ii)

Issue a stop work order, the extent of which shall be determined by the Director;

(iii)

Issue a citation;

(iv)

Impose a civil monetary penalty; and

(v)

Refer the matter to the Office of Law for legal action.

(3)

The county may deny the issuance of any permits to an applicant when it determines that the applicant is not in compliance with the provisions of a building or grading permit or an approved erosion and sediment control plan.

(4)

The Department of Permits, Approvals and Inspections shall:

(i)

Stop work on a site where land disturbance is occurring without an approved erosion and sediment control plan; and

(ii)

Require measures to be implemented to prevent off-site sedimentation.

(1988 Code, § 14-193) (Bill No. 173, 1991, § 3; Bill No. 10-96, § 3, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 43, 7-1-2004; Bill No. 82-06, § 4, 8-24-2006; Bill No. 72-12, §§ 4, 5, 1-9-2013)