40 



continuing violation, each permit violation and each day 

 of activity without a required pemnit shall be a separate 

 and distinct violation. The penalty amount shall be set 

 in consideration of the previous history of the violator 

 and the severity of the environmental impact of the 

 violation. The penalty provided in this subsection shall 

 be appealable to the superior court within the subject 

 jurisdiction. 



D. Aiding or abetting. Any person who, through an act of 

 commission or omission procures, aids or abets in the 

 violation shall be considered to have committed a 

 violation for the purposes of the penalty. 



E. Notice of penalty. Civil penalties imposed under this 

 section shall be imposed by a notice in writing, either 

 by certified mail with return receipt requested or by 

 personal service, to the person incurring the same from 

 the department and/or the [local unit of government], or 

 from both jointly. The notice shall describe the 

 violation, approximate the date(s) of violation, and 

 shall order the acts constituting the violation to cease 

 and desist, or, in appropriate cases, require necessary 

 corrective action within a specific time. 



F. Application for remission or mitigation. Any person 

 incurring a penalty may apply in writing within thirty 

 days of receipt of the penalty to the [Approval 

 Authority] for remission or mitigation of such penalty. 

 Upon receipt of the application, the [Approval Authority] 

 may remit or mitigate the penalty only upon a 

 demonstration of extraordinary circumstances, such as the 

 presence of information or factors not considered in 

 setting the original penalty. 



G. Orders and penalties issued pursuant to this subsection 

 may be appealed as provided for by in Section 7.6. 



H. Criminal penalties shall be imposed on any person who 

 wilfully or negligently violates this chapter or who 

 knowingly makes a false statement, representation, or 

 certification in any application, record or other 

 document filed or required to be maintained under this 

 chapter or who falsifies, tampers with, or knowingly 

 renders inaccurate any monitoring device, record or 

 methodology required to be maintained pursuant to this 

 chapter or pursuant to a Wetland Permit. 



Section 9: Non-Conforming Activities 



A regulated activity that was approved prior to the passage of this 

 chapter and to which significant economic resources have been 



