Current through the 2024 Regular Session
Section 49-17-36 - Violations; penalties(1) It is unlawful for any person to knowingly: (a) fail to pay any fee assessed by the commission for administration of the federal air operating permit program;(b) fail to satisfy any air operating permit filing requirement;(c) make any false statement, representation of certification in any notice or report required by an air operating permit; or(d) render inaccurate any air monitoring device or method required by an air operating permit; and, upon conviction thereof, such person shall be punished by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Twenty-five Thousand Dollars ($25,000.00) per day of violation.(2) In determining the amount of penalty under this section, the following shall be considered at a minimum: (a) The willfulness of the violation;(b) Any damage to air, water, land or other natural resources of the state or their uses;(c) Costs of restoration or abatement;(d) Economic benefit as a result of noncompliance;(e) The seriousness of the violation, including any harm to the environment and any hazard to the health, safety and welfare of the public; and(f) Past performance history.(3) All fines collected by the commission under this section shall be deposited into the Pollution Emergency Fund established under Section 49-17-68, Mississippi Code of 1972.Laws, 1993, ch. 611, § 7, eff. 4/16/1993.