(1) The submission of a plan of correction by a licensee, license applicant, or operator of a swimming pool, spa, or other water feature does not bar the department from pursuing any other remedies available in Title 50, chapter 53, MCA, including, but not limited to, seeking:

(a) criminal misdemeanor prosecution; or

(b) civil penalties; or

(c) injunctive relief; or

(d) an order for summary abatement of a public nuisance.

(2) Where the department pursues civil or criminal action to enforce Title 50, chapter 53, MCA, or ARM Title 37, chapter 115, subchapters 1 through 22 or any condition of a license or to assess civil penalties, the court may assess the licensee, the license applicant, or the operator the costs of investigation and the costs of the criminal or civil action, including reasonable attorney fees.