Section 69-05.2-28-13 - Inspection and enforcement - Civil penalty - Assessment of separate violations for each day Whenever a violation has not been abated within the period set, a civil penalty of not less than seven hundred fifty dollars will be assessed for each day of the failure, except that if the operator or permittee initiates review proceedings with respect to the violation, the abatement period will be extended as follows:
1. If suspension of the abatement requirements of the notice or order is ordered in a temporary relief proceeding under subsection 4 of North Dakota Century Code section 38-14.1-30, after a determination that the operator or permittee will suffer irreparable loss or damage from the application of the requirements, the period permitted for abatement will not end until the date on which the commission issues a final order; and 2. If the operator or permittee initiates review proceedings under North Dakota Century Code section 38-14.1-35 with respect to the violation, in which the obligations to abate are suspended by the court, the daily assessment of a penalty will not be made for any period before entry of a final order by the court. N.D. Admin Code 69-05.2-28-13
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-30, 38-14.1-32, 38-14.1-35