Current through Register Vol. XLI, No. 43, October 25, 2024
Section 64-3-17 - Penalties17.1. Any person who violates any provision of this rule or orders issued under this rule is subject to injunction, criminal prosecution, and criminal, civil and administrative fines, all as provided in W. Va. Code § 16-1-9, § 16-1-9a, § 16-1-9c, § 16-1-17, and § 16-1-18.17.2. Any individual or entity who violates the provisions of this rule or any orders issued pursuant to this rule is liable for a civil penalty of not less than $1,000.00 nor more than $5,000.00. Each day's violation constitutes a separate offense.17.3. Any individual or entity who commits a willful violation of any provision of this rule or orders issued pursuant to this rule shall be subject to a civil penalty of not more than $10,000.00 and each day's violation shall be grounds for a separate penalty.17.4. Civil penalties under this section are payable to the commissioner. All moneys collected under this rule shall be deposited into a restricted account known as the Safe Drinking Water Fund. All moneys deposited in the fund shall be used by the commissioner to provide technical assistance to public water systems.17.5. The commissioner may also seek injunctive relief in the circuit court of the county in which all or part of the public water system is located.