§342B-42  Enforcement.  (a)  If thedirector determines that any person has violated or is violating this chapter,any rule adopted pursuant to this chapter, or any permit issued or variancegranted pursuant to this chapter, the director shall serve written notice bycertified mail or personal service upon the alleged violator or violatorsspecifying the alleged violation and may include with 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 section342B-48; and

(3)  An order that the alleged violator or violatorsappear before the director 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 director determines that any personis continuing to violate this chapter, any rule adopted, permit issued, orvariance granted pursuant to this chapter after having been served notice ofviolation, the director shall serve written notice by certified mail orpersonal delivery upon the alleged violator or violators specifying the allegedviolation.  With the notice the director:

(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, any rule adopted, permit issued, orvariance granted pursuant to this chapter.  The director shall accept or modifythe submitted schedule within thirty days of receipt of the schedule.  Anyschedule not acted upon after thirty days of receipt by the director shall bedeemed accepted by the director;

(2)  Shall order the alleged violator or violators tocease and desist from the activities that violate this chapter, any ruleadopted, permit issued, or variance granted pursuant to this chapter, if thatperson does not submit a written schedule to the director within thirty days. This order shall remain in effect until the director accepts the writtenschedule;

(3)  May impose penalties as provided in section342B-48; and

(4)  May order the alleged violator or violators toappear before the director for a hearing at a time and place specified in thenotice or to be set later and answer the charges complained of.

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

(d)  Any order issued pursuant to this chaptershall become final, unless not later than twenty days after the notice ofviolation and order is served, the person or persons named therein request inwriting a hearing before the director.  Any penalty imposed pursuant to thischapter shall become due and payable twenty days after the notice of penalty isserved, unless the person or persons named therein request in writing a hearingbefore the director.  Whenever a hearing is requested on any penalty imposedpursuant to this chapter, the penalty shall become due and payable only uponcompletion of all review proceedings and the issuance of a final orderconfirming the penalty in whole or in part.  Upon request for a hearing, thedirector shall require that the alleged violator or violators appear before thedirector for a hearing at the time and place specified in the notice and answerthe charges complained of.

(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 director finds that a violation orviolations have occurred, the director shall affirm or modify any penaltiesimposed or shall modify or affirm the order previously issued or issue anappropriate order or orders for the prevention, abatement, or control of theviolation or emission of air pollutants involved, or for the taking of suchother corrective action as may be appropriate.  If, after a hearing on an orderor penalty contained in a notice, the director finds that no violation has occurredor is occurring, the director shall rescind the order or penalty.  Any orderissued after a hearing may prescribe timetables for necessary action inpreventing, abating, or controlling the violation.

(f)  If the amount of any penalty is not paidto the department within thirty days after it becomes due and payable, thedirector 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 director needonly show 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 director shall have the power to subpoena theattendance of witnesses and the production of evidence on behalf of allparties. [L 1992, c 240, pt of §1; am L 1993, c 208, §7; am L 1995, c180, §2]