Section 9-16-11 Enforcement of Provisions of Article - Institution of Civil Action for Enforcement of Final Order of Director; Engaging in Surface Mining Without Valid Permit; Willful Misrepresentations, Etc., in Applications; Rights of Exception and Appeal.

(a) Should the director determine that any final order or determination made by him, not then the subject of judicial review, is being violated by any operator, then the director may cause to have instituted a civil action in any court of competent jurisdiction to forfeit the bond of the operator as to land affected by the operator’s violation of this article or for injunctive or other appropriate relief to prevent any further or continued violation of such final order or determination. (b) Any person required by this article to have a permit who engages in surface mining without a valid permit to do so as prescribed by this article shall be deemed guilty of a violation of this article and, upon complaint made by the director in a court of competent jurisdiction and conviction thereof, shall be fined not less than $500.00 nor more than $5,000.00 and shall be required to post a bond or surety as provided in Section 9-16-7 and to reclaim the affected land resulting from the operator’s surface mining without a permit in accordance with the requirements of Section 9-16-7. (c) Any person who willfully misrepresents any fact or willfully gives false information in any application or report under this article shall be fined not less than $100.00 nor more than $500.00 for each offense. (d) The parties shall have all rights of exception and appeal.