49-261. Compliance orders; appeal;
enforcement
A. If the director determines that a person is in violation of a rule adopted or a
condition of a permit issued pursuant to section 49-203, subsection A, paragraph 6, any
provision of article 2, 3 or 3.1 of this chapter, a rule adopted pursuant to article 2, 3
or 3.1 of this chapter, a discharge limitation or any other condition of a permit issued
under article 2, 3 or 3.1 of this chapter or is creating an imminent and substantial
endangerment to the public health or environment, the director may issue an order
requiring compliance within a reasonable time period.
B. A compliance order shall state with reasonable specificity the nature of the
violation, a time for compliance if applicable and the right to a hearing.
C. A compliance order shall be transmitted to the alleged violator by certified
mail, return receipt requested, or by personal service.
D. A compliance order becomes final and enforceable in the superior court unless
within thirty days after the receipt of the order the alleged violator requests a hearing
before an administrative law judge. If a hearing is requested, the order does not become
final until the administrative law judge has issued a final decision on the
appeal. Appeals shall be conducted according to section 49-321.
E. At the request of the director the attorney general may commence an action in
superior court to enforce orders issued under this section once an order becomes final.
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