50-70-116. Enforcement. (1) When the department has reason to believe that a violation of this chapter or rule made under it has occurred, it may have written notice and the facts alleged to constitute a violation served on the alleged violator and may include an order to take necessary corrective action within a reasonable period of time stated in the order. An order becomes final unless, no later than 30 days after the date of notice is received, the person named requests in writing a hearing before the department. On receipt of a request, the department shall hold a hearing.
(2) If, after a hearing held under subsection (1), the department finds that a violation has occurred, it shall either affirm or modify an order previously issued or issue an appropriate order for the prevention, abatement, or control of the emissions involved or for the taking of other corrective action it considers appropriate. If, after hearing on an order contained in a notice, the department finds that no violation is occurring, it shall rescind the order. An order issued as part of a notice or after hearing may prescribe the date by which the violation shall cease and may prescribe time limits for particular action in preventing, abating, or controlling the pollutant.
(3) Instead of issuing the order provided for in subsection (1), the department may either:
(a) require that the alleged violator appear before it for a hearing at a time and place specified in a notice and answer the charges complained of; or
(b) initiate action under 50-70-118.
(4) This chapter does not prevent the department from making efforts to obtain voluntary compliance through warning, conference, or other appropriate means.
(5) In connection with a hearing held under this section, the department may, and on application by a party shall, compel the attendance of witnesses and the production of evidence on behalf of parties.
History: En. Sec. 10, Ch. 316, L. 1971; amd. Sec. 40, Ch. 349, L. 1974; R.C.M. 1947, 69-4215; amd. Sec. 329, Ch. 546, L. 1995.
