- Alaska Statutes.
- Title 41. Public Resources
- Chapter 17. Forest Resources and Practices
- Section 131. Penalties For Violations.
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. , 41.17.135. Notice and Hearing; Final Orders; Civil Fines. [Repealed, Sec. 33 Ch 34 SLA 1990].
AS 41.17.131. Penalties For Violations.
- (a) An operator, forest landowner, or timber owner who violates or permits a violation of this chapter, a regulation
adopted under this chapter, a directive issued under AS 41.17.136
, or a stop work order issued under AS 41.17.138
is liable, after notice and hearing, for a civil fine in an amount not to exceed $10,000 to be assessed by the
commissioner. In determining the amount of civil fine, the commissioner shall consider
- (1) the character and degree of injury to forest resources and values;
- (2) the degree of intent or negligence of the respondent in causing or permitting the violation;
- (3) the character and number of past violations caused or permitted by the respondent; and
- (4) if the information is available, the net economic savings realized by the respondent through the violation.
- (b) An operator, forest landowner, or timber owner that, with criminal negligence, violates or permits a violation of this
chapter, a regulation adopted under this chapter, a directive issued under AS 41.17.136, or a stop work order issued under AS 41.17.138
is guilty of a class A misdemeanor. In this subsection, "criminal negligence" has the meaning given in AS 11.81.900
- (c) Each day that a violation described in this section occurs is a separate violation.
- (d) If a respondent violates a directive issued under AS 41.17.136
or a stop work order issued under AS 41.17.138
, the attorney general, at the request of the commissioner, may seek an injunction requiring the respondent to suspend
all or part of the operations until the respondent complies with the directive or stop work order, and requiring the
respondent to repair or correct damage resulting from the violation.
- (e) If a respondent violates a directive issued under AS 41.17.136
that requires the respondent to repair or correct damage, the commissioner may proceed to repair or correct the damage
using state agency employees or contractors and the respondent is liable for the cost of the repair. The commissioner
shall deliver to the respondent an itemized statement of expenses incurred.
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