§342F-7  Enforcement.  (a)  If the
director determines that any person has violated or is violating this chapter,
any rule adopted pursuant to this chapter, or any condition of a permit or
variance issued pursuant to this chapter, the director:



(1)  Shall cause written notice to be served upon the
alleged violator or violators.  The notice shall specify the alleged violation
and may contain an order specifying a reasonable time during which that person
shall be required to take any measures that may be necessary to correct the
violation and to give periodic progress reports;



(2)  May require that the alleged violator or
violators appear before the director for a hearing at a time and place
specified in the notice and answer the charges complained of; and



(3)  May impose penalties as provided in section
342F-11 by sending a notice in writing, either by certified mail or by personal
service, to the alleged violator or violators describing the violation.



(b)  If the director determines that any person
is continuing to violate this chapter, any rule adopted pursuant to this
chapter, or any condition of a permit or variance issued pursuant to this
chapter after having been served notice of violation, the director:



(1)  Shall cause written notice to be served upon the
alleged violator or violators.  The notice shall specify the alleged violation
and shall contain an order requiring that person to submit a written schedule
within thirty days specifying the measures to be taken and the time within
which the measures shall be taken to bring that person into compliance with
this chapter, any rule adopted pursuant to this chapter, or the conditions of a
permit or variance issued pursuant to this chapter;



(2)  Shall accept or modify the submitted schedule
within thirty days of receipt of the schedule.  Any schedule not acted upon
after thirty days of receipt by the director shall be deemed accepted by the
director;



(3)  Shall issue to the alleged violator or violators
a cease and desist order against the activities that violate this chapter, any
rule adopted pursuant to this chapter, or any condition of a permit or variance
issued pursuant to this chapter if that person does not submit a written
schedule to the director within thirty days.  This order shall remain in effect
until the director accepts the written schedule; and



(4)  May impose penalties as provided in
section 342F-11 by sending a notice in writing, either by certified mail or by
personal service, to the alleged violator or violators describing the
violation.



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



(d)  Any order issued under this chapter shall
become final, unless no later than twenty days after the notice of order is
served, the person or persons named therein request in writing a hearing before
the director.  Any penalty imposed under this chapter shall become due and
payable twenty days after the notice of penalty is served unless the person or
persons named therein request in writing a hearing before the director. 
Whenever a hearing is requested on any penalty imposed under this chapter, the
penalty shall become due and payable only upon completion of all review
proceedings and the issuance of a final order confirming the penalty in whole
or in part.  Upon request for a hearing, the director shall require that the
alleged violator or violators appear before the director for a hearing at a
time and place specified in the notice and answer the charges complained of.



(e)  Any hearing conducted under this section
shall be conducted as a contested case under chapter 91.  If after a hearing
held pursuant to this section, the director finds that a violation or
violations have occurred, the director shall affirm or modify any penalties
imposed or shall modify or affirm the order previously issued or issue an
appropriate order or orders for the prevention, abatement, or control of the
violation or discharges involved, or for the taking of such other corrective
action as may be appropriate.  If, after a hearing on an order or penalty
contained in a notice, the director finds that no violation has occurred or is
occurring, the director shall rescind the order or penalty.  Any order issued
after hearing may prescribe the date or dates by which the violation or violations
shall cease and may prescribe timetables for necessary action in preventing,
abating, or controlling the violation or discharges.



(f)  If the amount of any penalty is not paid
to the department within thirty days after it becomes due and payable, the
director may institute a civil action in the name of the State to collect the
administrative penalty which shall be a government realization.



In any proceeding to collect the administrative
penalty imposed, the director need only show that:



(1)  Notice was given;



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



(3)  The administrative penalty was imposed; and



(4)  The penalty remains unpaid.



(g)  In connection with any hearing held pursuant
to this section, the director shall have the power to subpoena the attendance
of witnesses and the production of evidence on behalf of all parties. [L 1989,
c 212, pt of §3; am L 1990, c 298, §5; am L 1995, c 180, §16]