1. A person who violates this subchapter or a rule adopted or order issued pursuant to this subchapter is subject to a civil penalty not to exceed one hundred dollars for each day during which the violation continues, up to a maximum of one thousand dollars; however, ifthe tank is registered within thirty days after the director issues a cease and desist order pursuant to section 101.25, subsection 1, the civil penalty under this section shall not accrue. The civilpenalty is an alternative to a criminal penalty provided under this subchapter. 2. A person who knowingly fails to notify or makes a false statement, representation, or certification in a record, report, or other document filed or required to be maintained under this subchapter, or violates an order issued under this subchapter, isguilty of an aggravated misdemeanor. 3. Theattorney general, at therequest ofthe director, shall institute anylegal proceedings, including an action for an injunction, necessary to enforce the penalty provisions of this subchapter or to obtain compliance with the provisions of this subchapter or rules adopted or order pursuant to this subchapter. In any action, previous findingsof fact of the director after notice and hearing are conclusive if supported by substantial evidence in the record when the record is viewed as a whole. 4. In all proceedings with respect to an alleged violation of this subchapter or a rule adopted or order issued by the director pursuant to this subchapter, the burden of proof is upon the director. 5. Ifthe attorney general has instituted legal proceedings inaccordance with this section, allrelated issues which could otherwise be raised by the alleged violator in a proceeding for judicial review under section 101.27 shall be raised in the legal proceedings instituted in accordance with this section.
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