Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › LEAD-BASED PAINT ACTIVITY ACCREDITATION AND CERTIFICATION ACT (§§ 49-17-501 — 49-17-531) › Section 49-17-529 - Penalties; reprimands; suspension and revocation of certificates; procedure; deposit of collected monies

(1)
Any person found by the commission to have violated Sections
49-17-501
through
49-17-531
or any rule or regulation or written order of the commission issued under Sections
49-17-501
through
49-17-531
or any certificate or accreditation issued under Sections
49-17-501
through
49-17-531
shall be subject to a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for each violation. The penalty may be assessed and levied by order of the commission after notice and hearing in accordance with subsection (5) of this section. In addition, the commission may issue a reprimand or a suspension or revocation of any certificate issued to the person under Sections
49-17-501
through
49-17-531
. The reprimand, suspension or revocation may be assessed and levied by order of the commission after notice and hearing as provided in subsection (5) of this section.
(2)
In lieu of, or in addition to, the penalty provided for in subsection (1) of this section, the commission may institute and maintain in the name of the state any proceedings necessary to enforce Sections
49-17-501
through
49-17-531
, rules and regulations adopted under Sections
49-17-501
through
49-17-531
, and orders and certificates issued under Sections
49-17-501
through
49-17-531
in the appropriate circuit, chancery, county or justice court of the county in which venue may lie. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and it shall not be necessary in those cases that the state plead or prove:
(a)
that irreparable damage would result if the injunction did not issue;
(b)
that there is no adequate remedy at law; or
(c)
that a written complaint or commission order has first been issued for the alleged violation.
(3)
Any person who knowingly submits false or inaccurate information in support of an application for issuance or reissuance of an accreditation or a certificate under Sections
49-17-501
through
49-17-531
or who willfully fails to comply with the conditions of the accreditation or the certificate issued by the commission or who willfully violates Sections
49-17-501
through
49-17-531
, or any rule, regulation or written order of the commission or emergency order issued by the director in pursuance thereof, upon conviction, shall be guilty of a misdemeanor and fined not less than One Hundred Dollars ($100.00) within the discretion of the court. Each day in which that violation exists or continues shall constitute a separate offense.
(4)
In addition to or in lieu of filing a criminal complaint for the willful misconduct described in subsection (3) of this section, the commission may impose a civil penalty in accordance with subsection (1)(a) of this section, and shall impose a reprimand or a suspension or revocation of any certificate in accordance with subsection (1)(b) of this section.
(5)
All proceedings and hearings before the commission regarding violations of Sections
49-17-501
through
49-17-531
or any rule or regulation, written order of the commission, emergency order of the director or certificate issued or reissued by the commission in pursuance thereof or any certificate issued under Sections
49-17-501
through
49-17-531
and all appeals therefrom shall be conducted in accordance with Sections
49-17-31
through
49-17-41
, Mississippi Code of 1972.
(6)
All fines, penalties and other sums recovered or collected by the commission for and on behalf of the state under this section shall be deposited in the Pollution Emergency Fund established under Section
49-17-68
, Mississippi Code of 1972.
Laws, 1997, ch. 390, § 15, eff. 7/1/1997.