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... "Given the extraordinary number of violations, NDEP has decided to exercise its discretion to reduce the penalty to two $5,000 violations per permit, which it believes offers a reasonable penalty that will still serve to deter future non-compliance conduct," regulators wrote in the letter.

Payment of the penalty isn't required until after the dispute resolution process is complete, a state spokesperson said. In the letter, the agency reminded the company that it "reserves the right to direct TBC to cease and desist construction activities" under the agreement.

In the past, Musk has espoused paying penalties rather than waiting for approvals as a way of doing business. ...