(A) Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction, is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both for each violation, with costs imposed in the discretion of the court. Each day upon which the violation occurs constitutes a separate offense.
(B) Any agency whose approval is required under this chapter or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this chapter.
(C) In addition to any other sanction under this chapter, the appropriate state, county or municipal agency may bring a civil action against a person for violation of this chapter.
(1) The action may seek imposition of a civil penalty up to $10,000.00 for each violation.
(2) In imposing a penalty, the court may consider the cost of restoring the area unlawfully disturbed.
(D) Any governing authority that recovers damages in accordance with this subsection shall deposit them in a special fund, to be used solely for:
(1) Correcting to the extent possible, the failure to implement or maintain erosion and sediment controls; and
(2) Administration of the sediment control program.
(Ord. 12-27-622, 11-8-2012; Ord. 14-23-678, 11-13-2014)