Section 25-7-123.1 - Statute of limitations - penalty assessment - criteria(1)(a) Except with respect to any action commenced to address a failure to obtain a permit required by this article 7, any action commenced for the assessment of civil penalties, pursuant to this article 7, that is not commenced within five years after the occurrence of the alleged violation is time barred.(b) Without expanding the statute of limitations contained in subsection (1)(a) of this section, any action commenced for the assessment of civil penalties, pursuant to this article 7, except those commenced pursuant to section 25-7-122 (1)(d) or 25-7-122.1 (1)(c), that is not commenced within eighteen months after the date upon which the division discovers the alleged violation is time barred. For purposes of this section, the division discovers the alleged violation when it learns of the alleged violation or should have learned of the alleged violation by the exercise of reasonable diligence, including by receipt of actual or constructive notice.(c) The periods of limitation described in this section do not apply where the alleged violator knowingly or willfully conceals information regarding the alleged violation.(2) A penalty may be assessed for each day of violation. For purposes of determining the number of days of violation for which a penalty may be assessed under sections 25-7-122 and 25-7-122.1 (1), or an assessment may be made under section 25-7-115 (5), where the division has notified the source of the violation, and the division makes a prima facie showing that the conduct or events giving rise to the violation are likely to have continued or recurred past the date of notice, the days of violation shall be presumed to include the date of such notice and each and every day thereafter until the violator establishes that continuous compliance has been achieved, except to the extent that the violator can prove by a preponderance of the evidence that there were intervening days during which no violation occurred or that the violation was not continuing in nature.(3) The division may request the district attorney for the district in which the alleged violation or noncompliance, or any part thereof, occurred or may request the attorney general to bring, and if so requested, it is the duty of such official to bring a suit for recovery or any penalty or nonpayment penalty, with interest, imposed pursuant to section 25-7-122 (civil penalties) or 25-7-122.1 (criminal penalties), if the penalty is not paid when due. The division may not revoke a permit issued pursuant to parts 1 to 4 of this article or certification issued pursuant to part 5 of this article solely for failure to pay penalties when due, unless an order is first issued and all administrative and judicial remedies are pursued unsuccessfully.Amended by 2024 Ch. 259,§ 3, eff. 5/28/2024.Amended by 2023 Ch. 401,§ 5, eff. 6/6/2023, app. to conduct occurring on or after the effective date of this act, including determinations of applications pending on the effective date.L. 92: Entire section added, p. 1223, § 25, effective July 1.