§342H-7  Enforcement.  (a)  If the
director determines that any person has violated or is violating any provision
of this chapter, any rule adopted pursuant to this chapter, or any term or
condition of a permit issued pursuant to this chapter, the director may do any
one or more of the following:



(1)  Issue an order assessing an administrative
penalty for any past or current violation;



(2)  Require compliance immediately or within a
specified time; and



(3)  Commence a civil action in the circuit court in the
circuit in which the violation occurred or the person resides or maintains the
person’s principal place of business for appropriate relief, including a
temporary, preliminary, or permanent injunction, the imposition and collection
of civil penalties, or other relief.



(b)  Any order issued pursuant to this section
may include a suspension, modification, or revocation of a permit issued under
this chapter, and shall state with reasonable specificity the nature of the
violation.  Any administrative penalties assessed in the order shall be in
accordance with section 342H-10.



(c)  Any order issued under this chapter shall
become final, unless not 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.



(d)  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 disposals 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 disposals.



(e)  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.



(f)  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 §4; am L 1990, c 298, §8; am L 1992, c 245, §5;
am L 1995, c 180, §20]