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

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

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

(3)  May impose penalties as provided in section342F-11 by sending a notice in writing, either by certified mail or by personalservice, to the alleged violator or violators describing the violation.

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

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

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

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

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

(c)  If the director determines that any personhas violated the provisions of an accepted schedule or has violated an orderissued under this section the director shall impose penalties by sending anotice in writing, either by certified mail or by personal service, to thatperson, describing such nonadherence or violation with reasonableparticularity.

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

(e)  Any hearing conducted under this sectionshall be conducted as a contested case under chapter 91.  If after a hearingheld 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 discharges involved, or for the taking of such other correctiveaction as may be appropriate.  If, after a hearing on an order or penaltycontained in a notice, the director finds that no violation has occurred or isoccurring, the director shall rescind the order or penalty.  Any order issuedafter hearing may prescribe the date or dates by which the violation or violationsshall 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 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 any proceeding to collect the administrativepenalty imposed, the director need only show that:

(1)  Notice was given;

(2)  A hearing was held or the time granted forrequesting 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 pursuantto this section, the director shall have the power to subpoena the attendanceof 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]