Section 281.98. Penalties.

 

(1)  Except as provided in ss. 281.344 (14) (a) , 281.36 , 281.346 (14) (a) , 281.47 (1) (d) , 281.75 (19) , and 281.99 (2) , any person who violates this chapter or any rule promulgated or any plan approval, license, special order, or water quality certification issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed, or enjoined, this penalty does not accrue.

(2)  In addition to the penalties provided under sub. (1) or s. 281.99 (2) , the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of a violation of this chapter, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. The costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh) .

(3)  In addition to the penalties under sub. (1) , the court may order the defendant to abate any nuisance, restore a natural resource or take, or refrain from taking, any other action as necessary to eliminate or minimize any environmental damage caused by the defendant.

1995 a. 227 ; 1997 a. 27 ; 1999 a. 147 ; 2001 a. 6 , 109 ; 2003 a. 309 ; 2007 a. 227 ; 2011 a. 118 .