Section 22-37A-7 - Violation; penalties(a) Any person who violates this chapter or the rules adopted pursuant to this chapter is subject to a civil penalty as follows:(1) For a first violation, the board may issue a civil penalty of up to two hundred fifty dollars ($250) per violation for each day during which the act or omission continues or occurs. The board may waive the penalty upon the person successfully completing an accredited lead abatement training course appropriate for the type of category of renovation abatement discipline, registering in the state accreditation registry, and becoming a board-certified firm.(2) For a second violation, the board may assess a civil penalty of up to five hundred dollars ($500) per violation for each day during which the act or omission continues or occurs. The board may require the person to successfully complete an accredited lead abatement training course appropriate for the type or category of renovation abatement discipline, registering in the state accreditation registry, and becoming a board-certified firm.(3) For a third or subsequent violation, the board may assess a civil penalty of up to two thousand five hundred dollars ($2,500) per violation for each day during which the act or omission continues or occurs, with a maximum penalty of five thousand dollars ($5,000) per violation.(b) Any person against whom a civil penalty has been assessed may obtain a review of the assessment by filing with the board a written petition setting forth the grounds and reasons for the objection and requesting a hearing. If a petition for review is not filed within 30 days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final.(c) Whenever an assessment has become final because of a person's failure to appeal the board's assessment, the board may apply to the appropriate court for a judgment and seek execution of the judgment. In such proceedings, the court shall treat a failure to appeal the assessment as a confession of judgment in the amount of the assessment.(d) In determining the amount of the civil penalty to assess, the board may consider all of the following factors: (1) Whether the civil penalty imposed will be a substantial economic deterrent to the unlawful activity.(2) The potential or actual harm posed to individuals or the environment by the violation.(3) The cause of the violation.(4) The effectiveness of action taken by the violator to cease the violation.(5) The economic benefit gained by the violator.(f) All fees collected and all fines, penalties, and funds of any nature received by the State Health Officer under authority of this chapter shall be remitted to the State Board of Health to the credit of the Lead Reduction Fund. The expenses incurred by the board in carrying out this chapter shall be paid from monies in the Lead Reduction Fund; however, the expenditure from the fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12.(g) If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued under this chapter, the State Health Officer or a county health officer, as appropriate, may institute a civil suit in his or her own name in a circuit court to obtain injunctive relief to restrain the person from continuing the violation or threat of violation.(h) In addition to any civil penalty provided under this section, any person violating this chapter shall be guilty of a Class A misdemeanor.(i) In addition to any penalties authorized under this section, the State Health Officer may require any person violating this chapter to complete additional training.Ala. Code § 22-37A-7 (1975)
Amended by Act 2022-426,§ 1, eff. 7/1/2022.Acts 1997, No. 97-553, p. 975, §7.