As Amended
SEC. 41-26-17. Civil penalties; injunctive relief.
(1) Any court of appropriate jurisdiction may impose a civil penalty not to exceed five thousand dollars ($5,000.00) on any person who wilfully violates section 41-26-15 (a) or may impose a civil penalty not to exceed five thousand dollars ($5,000.00) for each day in which a violation of section 41-26-15 (b) occurs on any person who wilfully violates said section 41-26-15.
(2) Any person who wilfully violates or fails or refuses to comply with any order issued by the director under section 41-26-9 may, in an action brought in the appropriate state court to enforce such order, be fined not more than five thousand dollars ($5,000.00) for each day in which such violation occurs or failure to comply continues.
(3) The director may institute a civil action in any court of appropriate jurisdiction for injunctive relief to prevent violation of any order or regulation issued pursuant to this chapter, in addition to any other remedies provided for under this section.
SOURCES: Laws, 1976, ch. 452, Sec. 9, eff from and after passage (approved May 20, 1976).
1997 Amendment:
SECTION 15. Section 41-26-17, Mississippi Code of 1972, is amended as follows:
41-26-17. (1) When the director or an employee of the department has reason to believe that a violation of this chapter, a rule or regulation promulgated under this chapter, any order of the director, or any limitation or condition of an approval has occurred, the director shall cause a written complaint to be served upon the alleged violator. The complaint shall specify the provisions of this chapter, rule or regulation, order or approval alleged to be violated and the facts alleged to constitute that violation. The complaint shall also require the alleged violator to appear before the director at a time and place specified in the notice to answer the charges. The time of appearance shall be at least five (5) days from the date of the service of the complaint.
(2) Except as provided in subsection (1) of this section, upon the filing of a complaint by any person alleging a violation of this chapter, a rule or regulation promulgated under this chapter, any order of the director or any limitation or condition of an approval, the director shall conduct an investigation of the complaint. Any complaint filed under this subsection shall be in writing, signed by the person making the allegation and filed with the director. If the director finds a basis for the complaint, the director shall cause written notice of the complaint, specifying the charges or allegations made, to be served upon the alleged violator. The notice shall also require the alleged violator to appear before the director at a time and place specified in the notice to answer the charges. The time of appearance shall be at least five (5) days from the date of the service of the complaint. If the director finds no basis for the complaint, the director shall dismiss the complaint.
(3) The director shall afford an opportunity for a hearing to the alleged violator at the time and place specified in the notice. On the basis of the facts determined at the hearing, the presiding official shall make findings of fact and conclusions of law and enter an order. The director shall give written notice of that order to the alleged violator and to any other persons appearing at the hearing or making written request for notice of the order. In addition to ordering corrections in the operation or maintenance of a public water system, and other measures which, in the opinion of the director, are necessary to ensure compliance with this chapter or the federal act or to safeguard the public health, the director may assess penalties as provided in Section 41-26-31.
(4) Except as otherwise expressly provided, any notice or other instrument issued by or under authority of this chapter may be served on any person affected and proof of that service may be made in like manner as in case of service of a summons in a civil action. Proof of service shall be filed in the office of the director. In addition, service may be made by mailing a copy of the notice, order or other instrument by certified mail, directed to the person affected at the person's last known post office address as shown by the files or records of the department, and proof thereof may be made by the affidavit of the person who did the mailing, filed in the office of the director.
SOURCE: 1997 Laws, Chapter 389, Sec. 15, SB2494, Effective July 1, 1997.