Section 880-X-11E-.03 - When An Individual Civil Penalty May Be Assessed (Alabama Administrative Code)

§ 880-X-11E-.03. When An Individual Civil Penalty May Be Assessed

(1) Except as provided in Paragraph (2) of this section, the Alabama Surface Mining Commission may assess an individual civil penalty against any corporate director, officer or agent, of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation, failure or refusal.

(2) The Alabama Surface Mining Commission shall not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the Alabama Surface Mining Commission to the corporate permittee for the violation, and the cessation order has remained unabated for 30 days.

(Original filed November 14, 1989; effective: March 7, 1991.)

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, § 9-16-94.

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