(b) Any person convicted of a violation of Section 533.09 shall be subject to the following penalties:
(1) Upon a first conviction, the defendant shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00).
(2) Upon a second conviction, the defendant shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
(3) Upon any subsequent conviction in excess of a second conviction, the defendant shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both.
Notwithstanding the provisions of West Virginia Code 61-11A-4 or West Virginia Code 50-3-2a, the magistrate or court may order restitution not to exceed the value of unauthorized solid waste services received. (WVaC 61-5-33)