§342L-8  Enforcement.  (a)  If thedirector determines that any person has violated or is violating this chapter,any rule adopted pursuant to this chapter, or any term or condition of a permitor variance issued pursuant to this chapter, the director may do one or more ofthe following:

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

(2)  Issue an order requiring compliance immediatelyor within a specified 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 or varianceissued under this chapter, and shall state with reasonable specificity thenature of the violation.  Any administrative penalties assessed in the ordershall be in accordance with section 342L-11.

(c)  Any order issued under this chapter shallbecome final, unless not later than twenty days after the order is served, theperson or persons named therein request in writing a hearing before thedirector.  Any penalty imposed under this chapter shall become due and payabletwenty days after the order is served unless the person or persons namedtherein request in writing a hearing before the director.  Whenever a hearingis requested on any penalty imposed under this chapter, the penalty shallbecome due and payable only upon completion of all review proceedings and theissuance of a final order confirming the penalty in whole or in part.  Uponrequest for a hearing, the director shall 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.

(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 one or more violationshave occurred or are occurring, the director shall affirm or modify anypenalties imposed or shall modify or affirm the order previously issued orissue an appropriate order or orders for the prevention, abatement, or controlof the violation or release involved, or for the taking of such othercorrective action as may be appropriate.  If, after a hearing on an order, thedirector finds that no violation has occurred or is occurring, the directorshall rescind the order.  Any order issued after a hearing may prescribe thedate or dates by which the violation or violations shall cease and mayprescribe timetables for necessary action in preventing, abating, orcontrolling the violation or release.

(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.

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.

(g)  All penalties shall be deposited to thecredit of the leaking underground storage tank fund established in section342L-51. [L 1989, c 212, pt of §6; am L 1990, c 298, §14; am L 1992, c 259,§10; am L 1995, c 180, §30]