§342P-5  Enforcement; education. (a)  If the director determines that any person has violated or is in violationof this chapter, any rule adopted pursuant to this chapter, any acceptedschedule, any order issued under this section, 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 violation,may contain educational information necessary in performing abatementactivities, and may contain an order specifying a reasonable time during whichthe person shall be required to take any measures that may be necessary tocorrect the violation, and to give periodic progress reports;

(2)  May require the alleged violator or violators toappear before the director for a hearing at a time and place specified in thenotice to answer the charges complained of; and

(3)  May impose penalties as provided in section342P-21 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, any accepted schedule, any order issued under this section, or anycondition of a permit or variance issued pursuant to this chapter, after havingbeen served notice of the 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 the person to submit a written schedulewithin thirty days specifying the measures to be taken and the time withinwhich the measures will be taken to bring the person into compliance with thischapter, any rule adopted pursuant to this chapter, or the conditions of anypermit issued pursuant to this chapter;

(2)  Shall accept or modify the submitted schedulewithin sixty 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; or

(4)  May impose penalties as provided in section342P-21 by sending a notice in writing, either by certified mail or by personalservice, to the alleged violator or violators describing the violation.

(c)  If the director determines that the personhas violated an accepted schedule, an order issued under this section, any ruleadopted pursuant to this chapter, any condition of a permit or variance issuedpursuant to this chapter, or has continued to violate this chapter, thedirector shall impose penalties by sending a notice in writing, either bycertified mail or by personal service, to that person, describing thenonadherence or violation with reasonable particularity.

(d)  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 review proceedingsand the issuance of a final order confirming the penalty in whole or in part. Upon request for a hearing, the director shall require the alleged violator orviolators to appear before the director for a hearing at a time and placespecified in the notice to answer the charges complained of.

(e)  Any hearing conducted under this sectionshall be conducted as a contested case in accordance with chapter 91.  If,after a hearing held pursuant to this section, the director finds that aviolation or violations have occurred, the director shall affirm or modify anypenalties imposed, 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 the taking of such other corrective actionas may be appropriate.  If, after a hearing on an order or penalty contained ina notice, the director finds that no violation has occurred or is occurring,the director shall rescind the order or penalty.  Any order issued after ahearing 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 administrativepenalty is not paid to the department within thirty days after it becomes dueand payable, the director may institute a civil action in the name of the Stateto collect the administrative penalty, which shall be a government realization.

(g)  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 1991, c 219, pt of §1; am L 1995, c 180, §38; am L 1998, c 242, §7]