(A) Civil Penalty. Any person who violates any provision of the Air Quality Control Act, §§ 9-5-1-1 et seq., any regulation of the Board or any permit condition or emergency order adopted or issued pursuant to the Air Quality Control Act or §§ 9-5-1-1 et seq. may be assessed a civil penalty not to exceed $15,000 for each day during any portion of which a violation occurs.
(B) Criminal Penalties.
(1) Any person who knowingly commits any violation of §§ 9-5-1-1 et seq. or a regulation of the Board which is not described as a felony in Section 74-2-14.C or 74-2-14.D NMSA 1978 is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
(2) Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under the Air Quality Control Act or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method to be maintained under the Air Quality Control Act or §§ 9-5-1-1 et seq. or regulation adopted pursuant thereto is guilty of a petty misdemeanor and shall, upon conviction, be punished by a fine of not more than $10,000, per day for each violation, or by imprisonment for not more than six months, or by both.
('74 Code, §§ 6-16-14A; 6-16-17) (Ord. 65-1993; Am. Ord. 23-1996)