§342L-8  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 term or condition of a permit
or variance issued pursuant to this chapter, the director may do one or more of
the following:



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



(2)  Issue an order requiring compliance immediately
or within a specified time; or



(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 any permit or variance
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 342L-11.



(c)  Any order issued under this chapter shall
become final, unless not later than twenty days after the 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 order 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 one or more violations
have occurred or are occurring, 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 release involved, or for the taking of such other
corrective action as may be appropriate.  If, after a hearing on an order, the
director finds that no violation has occurred or is occurring, the director
shall rescind the order.  Any order issued after a 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 release.



(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.



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.



(g)  All penalties shall be deposited to the
credit of the leaking underground storage tank fund established in section
342L-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]