§342J-7  Enforcement.  (a)  If thedirector determines that any person has violated or is violating any provisionsof this chapter, any rule adopted pursuant to this chapter, or any term orcondition of a permit issued pursuant to this chapter or section 3005 of RCRA,42 United States Code section 6925, the director may do one or more of thefollowing:

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

(2)  Require compliance immediately or within aspecified time; or

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

(b)  Any order issued pursuant to this sectionmay include a suspension, modification, or revocation of any permit issuedunder section 3005 of RCRA, 42 United States Code section 6925, by theAdministrator of the United States Environmental Protection Agency, or issuedunder section 342J-5 or 342J-54 by the director, and shall state withreasonable specificity the nature of the violation.  Any administrativepenalties assessed in the order shall be in accordance with section 342J-10.

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

(d)  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 disposals 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 orviolations shall cease and may prescribe timetables for necessary action inpreventing, abating, or controlling the violation or disposals.

(e)  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.

(f)  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 1989, c 212, pt of §5; am L 1990, c 298, §10; am L 1991, c 259, §8;am L 1995, c 180, §25; am L 1996, c 82, §2]