(1) It is unlawful for any person to knowingly: (a) fail to pay any fee assessed by the commission for administration of the federal air operating permit program;(b) fail to satisfy any air operating permit filing requirement;(c) make any false statement, representation of certification in any notice or report required by an air operating permit; or(d) render inaccurate any air monitoring device or method required by an air operating permit; and, upon conviction thereof, such person shall be punished by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Twenty-five Thousand Dollars ($25,000.00) per day of violation.(2) In determining the amount of penalty under this section, the following shall be considered at a minimum: (a) The willfulness of the violation;(b) Any damage to air, water, land or other natural resources of the state or their uses;(c) Costs of restoration or abatement;(d) Economic benefit as a result of noncompliance;(e) The seriousness of the violation, including any harm to the environment and any hazard to the health, safety and welfare of the public; and(f) Past performance history.(3) All fines collected by the commission under of the violation, including any harm to the environment and any hazard to the health, safety and welfare of the public; and(f) Past performance history.(3) All fines collected by the commission under this section shall be deposited into the Pollution Emergency Fund established under Section 49-17-68, Mississippi Code of 1972.Laws, 1993, ch. 611, § 7, eff. 4/16/1993.
Mississippi Legal Code