(a) The secretary may assess against any retailer that sells covered electronic devices not authorized for sale in this state a penalty up to $500 for each violation, but not to exceed $5,000 total for the year. The secretary's decision may be appealed to the Environmental Quality Board.
(b) A fine under subsection (a) of this section may be assessed only after the retailer that committed the violation has been issued three warnings from the secretary regarding the violation.
(c) Each day on which a violation occurs or continues is a separate violation under this section.
(d) All penalties assessed under this section shall be deposited into the Covered Electronic Devices Takeback Fund.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan
§22-15A-1. Legislative Findings and Purpose
§22-15A-3a. Creation of Adopt-a-Stream Program Required
§22-15A-6. Assistance to Solid Waste Authorities
§22-15A-7. Pollution Prevention and Open Dumps
§22-15A-8. Waste Tires Prohibited in Certain Places; Penalty
§22-15A-11. Disposal of Waste Tires
§22-15A-12. Remediation; Liability for Remediation and Court Costs
§22-15A-13. Injunctive Relief; Additional Remedy
§22-15A-14. Authority of Commissioner of Bureau for Public Health
§22-15A-20. Establishment of State Recycling Program for Solid Waste
§22-15A-21. Procurement of Recycled Products
§22-15A-23. Recycling Facilities Exemption
§22-15A-24. Covered Manufacturers; Prohibited Sales; Effective Date
§22-15A-26. Manufacturers' Takeback Programs
§22-15A-27. Civil Actions and Administrative Fines; Powers and Duties of Secretary
§22-15A-28. Retailer Penalties
§22-15A-30. Reclamation of Abandoned and Dilapidated Properties Program