49-964

49-964. Review of reports and plans;
enforcement; contempt

A. The department shall review the submissions required under this article,
including the plan and any amendments and reports, to determine if the submission is
complete and correct as prescribed in sections 49-962 and 49-963.

B. If a facility required to submit a plan or report under this article files an
inadequate submission, the department shall notify the facility in writing of the
inadequacy, identifying the specific deficiencies. In reviewing the adequacy of a plan or
report, or any amendment to a plan or report, the department shall base its determination
on whether the plan, report or amendment is complete and correct in accordance with the
requirements of this article. If the submission is inadequate, the department shall
specify a reasonable time of at least ninety days within which the facility shall file a
modified submission addressing the specified deficiencies.

C. If, after the specified time, the facility has not filed a modified submission
or the modified submission is otherwise inadequate, the department may enter a formal
notice of inadequacy. The department shall place a copy or abstract of the notice of
inadequacy in the department's annual report.

D. If a formal notice of inadequacy is entered, the department, pursuant to title
41, chapter 6, article 10, may hold a public hearing after providing written notice to
the facility. The department may issue an administrative order requiring the facility to
correct the deficiencies. If the facility fails to comply with an administrative order,
the department may enforce that order in a judicial proceeding including an action for
contempt.

E. In reviewing for adequacy an amendment or annual progress report, the
department's review is restricted to the scope of the current submission. Previous
amendments to the plan and annual progress reports that were found to be adequate are not
subject to review.

F. If a facility required under this article to submit a plan or annual progress
report fails to submit the plan or report, the department shall order that facility to
submit an adequate plan or report within a reasonable time period of at least ninety
days. If the facility fails to develop an adequate plan or progress report in response to
that order within the time period specified in that order, the department may do any of
the following:

1. Under procedures established by rule, provide for inspecting the facility,
gathering necessary information and preparing a plan or progress report for the facility
at the facility's expense.

2. Pursuant to title 41, chapter 6, article 10, enter an administrative order for
compliance that is enforceable in a judicial proceeding including an action for contempt.

G. The attorney general, at the request of the director, may bring an action in
superior court to recover the department's costs incurred under subsection F of this
section. The facility owner or operator may appeal the department's determination to
proceed under this subsection and subsection F of this section pursuant to title 41,
chapter 6, article 10 before the department prepares the plan or progress report. Except
as provided in section 41-1092.08, subsection H, any final agency order issued pursuant
to this section is subject to judicial review pursuant to title 12, chapter 7, article
6.

H. Failure to implement the pollution prevention plan is a violation of this
article and the attorney general, at the request of the director, may bring an action in
superior court to compel implementation of the provisions of an approved plan, and the
director pursuant to title 41, chapter 6, article 10 may enter an administrative order
for compliance that is enforceable in a judicial proceeding including an action for
contempt.

I. Reports and submissions made to the department pursuant to this article shall be
deemed adequate for purposes of this article unless the department notifies the facility
in writing of any deficiencies within ninety days of receipt of the submission.