Notice and order by Director; hearing; alternative procedures.
1. Whenever the Director believes that a statute or regulation for the prevention, abatement or control of air pollution has been violated, he shall cause written notice to be served upon the person or persons responsible for the alleged violation.
2. The notice shall specify:
(a) The statute or regulation alleged to be violated; and
(b) The facts alleged to constitute the violation.
3. The notice may include an order to take corrective action within a reasonable time, which shall be specified. Such an order becomes final unless, within 10 days after service of the notice, a person named in the order requests a hearing before the Commission.
4. With or without the issuance of an order pursuant to subsection 3, or if corrective action is not taken within the time specified:
(a) The Director may notify the person or persons responsible for the alleged violation to appear before the Commission at a specified time and place; or
(b) The Commission may initiate proceedings for recovery of the appropriate penalty.
5. Nothing in this section prevents the Commission or the Director from making efforts to obtain voluntary compliance through warning, conference or other appropriate means.
Last modified: February 26, 2006