§ 30-43. Civil penalty; representation of the county and the city.

(a)

Any person who violates any provision of the Air Quality Control Act (NMSA 1978, § 74-2-1 et seq.), this article, any regulation of the board or any permit condition or emergency order adopted or issued pursuant to that act or this article may be assessed a civil penalty not to exceed $15,000.00 for each day during any portion of which a violation occurs.

(b)

In any court action to enforce the provisions of the Air Quality Control Act (NMSA 1978, § 74-2-1 et seq.) or this article or regulation, permit condition or emergency order, adopted, imposed or issued pursuant thereto:

(1)

The county shall be represented by the district attorney; and

(2)

The City of Albuquerque shall be represented by the city attorney.

(Ord. No. 94-5, § 14, 2-2-94)

State law reference

Similar provisions, NMSA 1978, § 74-2-12.1.