Section 15 - Administrative penalties(a) In addition to other penalties provided by law, the Secretary may assess administrative penalties, not to exceed $5,000.00, for each violation of this title and Titles 9 and 20, unless a higher administrative penalty amount is otherwise provided for in Title 9 or Title 20.(b) In determining the amount of the penalty to be assessed under this section, the Secretary may give consideration to one or more of the following: (1) the degree of actual and potential impact on public health, safety, and welfare resulting from the violation;(2) the presence of mitigating or aggravating circumstances;(3) whether the violator has been warned or found in violation of the same provisions of law in the past;(4) the economic benefit gained by the violation;(5) the deterrent effect of the penalty; or(6) the financial condition of the violator.(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed to be a separate and distinct offense. In no event shall the maximum amount of the penalty assessed under this section exceed $50,000.00.(d) In addition to the administrative penalties authorized by this section, the Secretary may recover the costs of investigation, which shall be credited to a special fund and shall be available to the Agency to offset these costs.(e) Any party aggrieved by a final decision of the Secretary may appeal de novo to the Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court.Amended by 2023 , No. 42, § 6, eff. 7/1/2023.Amended by 2023 , No. 6, § 35, eff. 7/1/2023.Amended by 2022 , No. 105, § 45, eff. 7/1/2022.Added 1989, No. 49, § 1; amended 1989, No. 183 (Adj. Sess.), § 2; 1991, No. 79, § 1a; 1991, No. 228 (Adj. Sess.), § 4; 1991, No. 261 (Adj. Sess.), § 5; 1995, No. 68 (Adj. Sess.) , § 3; 1995, No. 128 (Adj. Sess.) , § 2; 1997, No. 130 (Adj. Sess.) , § 1; 1999, No. 49, § 102; 1999, No. 100 (Adj. Sess.) , § 1, eff. 5/5/2000; 2003, No. 42 , § 2, eff. 5/27/2003.