7-30-040  Penalties.
   (a)   Any operator who violates subsection (a) of Section 7-30-020 of this chapter shall be liable for a fine in the amount of $300 per day for each day that a recycling program meeting the requirements of such subsection is not in effect. It shall be an affirmative defense to a violation of Subsection (a) of Section 7-30-020 that the operator used its best efforts to comply with such paragraph but was unable to because of circumstances beyond such operator's control.
   (b)   Any operator who violates subsection (b) of Section 7-30-020 of this chapter shall be liable for a fine in the amount of: (1) $100 for the first violation; (2) $700 for the second violation within a twelve-month period of the first violation; and (3) $1,000 for the third violation within such twelve-month period.
   (c)   Any operator who violates subsection (c) of Section 7-30-020 of this chapter shall be liable for a fine in the amount of: (1) $100 for the first violation; (2) $700 for the second violation within a twelve-month period of the first violation; and (3) $1,000 for the third violation within such twelve-month period.
   (d)   Any manufacturer who violates subsection (a) of Section 7-30-030 of this chapter shall be liable for a fine in the amount of $500 per day for each day that such violation continues.
   (e)   Any manufacturer who violates subsection (b) of Section 7-30-030 of this chapter shall be liable for a fine in the amount of: (1) $100 for the first violation; (2) $1,000 for the second violation within a twelve- month period of the first violation; and (3) $1,500 for the third violation within such twelve-month period.
   (f)   Any manufacturer who violates subsection (c) of Section 7-30-030 of this chapter shall be liable for a fine in the amount of: (1) $100 for the first violation; (2) $1,000 for the second violation within a twelve-month period of the first violation; and (3) $1,500 for the third violation within such twelve-month period.
   (g)   The failure of an operator or manufacturer to provide the report or maintain the records, or of a manufacturer to provide educational material requested by an operator, required by Sections 7-30-020 and 7-30-030 of this chapter shall constitute a continuing violation that subjects such operator or manufacturer to up to three notices of violation within the twelve-month periods provided in subsections (b), (c), (e) and (f) of this section.
   (h)   The Department shall have the authority to enforce all provisions of this chapter.
(Added Coun. J. 5-14-08, p. 27153, § 2)