§486-36  Remedies.  Notwithstanding
other penalties provided in this chapter, including but not limited to
penalties provided under section 486-32, the board may enforce this chapter in
both administrative and judicial proceedings:



(1)  Administrative.  If the administrator determines
that any person is violating any provision of this chapter or any rule adopted
thereunder, or any variance or exemption or waiver issued pursuant thereto, the
administrator may have that person served with a notice of violation and an
order.  The notice shall specify the alleged violation.  The order may require
that the alleged violator do any or all of the following:



(A)  Cease and desist from the violation;



(B)  Pay an administrative penalty not to
exceed $2,000 for each day of violation;



(C)  Correct the violation at the alleged
violator's own expense; or



(D)  Appear before the board at a time and
place specified in the order and answer the charges complained of.



The order shall become final twenty calendar days
after service unless within those twenty calendar days the alleged violator
requests in writing a hearing before the board.  Upon such request the board
shall specify a time and place for the alleged violator to appear.  After a
hearing pursuant to this paragraph, the board may affirm, modify, or rescind
the order as appropriate.



Factors to be considered in imposing the
administrative penalty may include the nature and history of the violation and
any prior violation and the opportunity, difficulty, and history of corrective
action.  It is presumed that the violator's economic and financial conditions
allow payment of the penalty and the burden of proof to the contrary is on the
violator; and



(2)  Judicial.  The board may institute a civil action
in any court of competent jurisdiction for the enforcement of any order issued
pursuant to this section.  In any judicial proceeding to enforce the
administrative penalty imposed pursuant to this chapter, the board shall be
required to show that:



(A)  Notice was given;



(B)  A hearing was held or the time granted for
requesting a hearing had expired without such a request;



(C)  The administrative penalty was imposed;
and



(D)  The penalty imposed remains unsatisfied.



The board may also institute a civil action in any court
of competent jurisdiction for injunctive relief to enjoin violation of any
order issued or rule adopted pursuant to this chapter, in addition to any other
remedy or penalty provided for under this chapter. [L 1991, c 153, §2; am L
1998, c 192, §2; am L 2005, c 22, §34]