Ala. Admin. Code r. 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.
Notes
Author: Randall C. Johnson
Statutory Authority: Code of Ala. 1975, ยง 9-16-94.
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