[§6E-10.5]  Enforcement.  (a)  If theboard of land and natural resources determines that any person has violated oris violating this chapter, or any rule adopted pursuant to this chapter, theboard shall serve written notice by certified mail or personal service upon thealleged violator or violators specifying the alleged violation and may includewith the notice:

(1)  An order specifying a reasonable time duringwhich that person shall be required to take such measures as may be necessaryto correct the violation and to give periodic progress reports;

(2)  An order imposing penalties provided in section6E-11.6; and

(3)  An order that the alleged violator or violatorsappear before the board for a hearing at a time and place specified in thenotice or to be set later and answer the charges complained of.

(b)  If the board determines that any person iscontinuing to violate this chapter or any rule adopted pursuant to this chapterafter having been served notice of violation, the board shall serve writtennotice by certified mail or personal service upon the alleged violator orviolators specifying the alleged violation.  With the notice, the board:

(1)  Shall order the alleged violator or violators tosubmit a written schedule within thirty days specifying the measures to betaken and the time within which the measures shall be taken to bring thatperson into compliance with this chapter or any rule adopted thereunder.  Theboard shall accept or modify the submitted schedule within sixty days ofreceipt of the schedule.  Any schedule not acted upon after sixty days ofreceipt by the board shall be deemed accepted by the board;

(2)  Shall order the alleged violator or violators tocease and desist from the activities that violate this chapter or any rule adoptedthereunder, if that person does not submit a written schedule to the boardwithin thirty days.  This order shall remain in effect until the board acceptsthe written schedule;

(3)  May impose penalties as provided in section6E-11.6; and

(4)  May order the alleged violator or violators toappear before the board for a hearing to answer the charges issued, at a timeand place specified in the notice or otherwise set by the board.

(c)  If the board determines that any personhas violated an accepted schedule or an order issued pursuant to this section,the board shall impose penalties by sending a notice in writing, either bycertified mail or by personal service to that person, describing suchnon-adherence or violation with reasonable particularity.

(d)  Any order issued pursuant to this chaptershall become final, unless the person or persons named therein requests inwriting, not later than twenty days after notice of violation and order isserved, a hearing before the board.  Upon request for a hearing, the boardshall require that the alleged violator or violators appear before the boardfor a hearing to answer the charges issued, at a time and place specified inthe notice or otherwise set by the board.

Any penalty imposed pursuant to this chaptershall become due and payable twenty days after the notice of penalty is served,unless the person or persons named therein requests in writing a hearing beforethe board.  Whenever a hearing is requested on any penalty imposed pursuant tothis chapter, the penalty shall become due and payable only upon completion ofall review proceedings and the issuance of a final order confirming the penaltyin whole or in part.

(e)  Any hearing conducted pursuant to thissection shall be conducted as a contested case under chapter 91.  If, after ahearing held pursuant to this section, the board finds that a violation orviolations has occurred, the board shall:

(1)  Affirm or modify any penalties imposed;

(2)  Modify or affirm the order previously issued; or

(3)  Issue an appropriate order or orders for theprevention, abatement, or control of the violation or for the taking of suchother corrective action as may be appropriate.

Any order issued after a hearing may prescribetimetables for necessary action in preventing, abating, or controlling theviolation.  If, after a hearing on an order or penalty contained in a notice,the board finds that no violation has occurred or is occurring, the board shallrescind the order or penalty.

(f)  If the amount of any penalty is not paidto the department within thirty days after it becomes due and payable, theboard may institute a civil action in the name of the State to collect theadministrative penalty, which shall be a government realization.  In anyproceeding to collect the administrative penalty imposed, the board need onlyshow that:

(1)  Notice was given;

(2)  A hearing was held, or the time granted forrequesting a hearing has run without such a request;

(3)  The administrative penalty was imposed; and

(4)  The penalty remains unpaid.

(g)  In connection with any hearing heldpursuant to this section, the board may subpoena the attendance of witnessesand the production of evidence on behalf of all parties. [L 2003, c 104, pt of§2]