Title 42
State Affairs and Government

Chapter 17.6
Administrative Penalties for Environmental Violations

§ 42-17.6-3. Notice of violation and assessment of penalty.

(a) Whenever the director seeks to assess an administrative penalty on any person, the director shall cause to be served upon the person, either by service, in hand, or by certified mail, return receipt requested, a written notice of its intent to assess an administrative penalty that shall include:

(1) A concise statement of the alleged act or omission for which the administrative penalty is sought to be assessed;

(2) Each law, rule, regulation, order, permit, license, or approval that has not been complied with as a result of the alleged act or omission;

(3) The amount that the director seeks to assess as an administrative penalty for each alleged act or omission;

(4) A statement of the person’s right to an adjudicatory hearing on the proposed assessment;

(5) The requirements the person must comply with to avoid being deemed to have waived the right to an adjudicatory hearing; and

(6) The manner of payment thereof if the person elects to pay the penalty and waive an adjudicatory hearing.

(b) After written notice of noncompliance or intent to assess an administrative penalty has been given, each day thereafter during which the noncompliance occurs or continues shall constitute a separate offense and shall be subject to a separate administrative penalty if reasonable efforts have not been made to promptly come into compliance.

(c) For purposes of timely and effective resolution and return to compliance, the director may cite a person for alleged noncompliance through the issuance of an expedited citation, which may include assessment of penalties up to five thousand dollars ($5,000). Each expedited citation shall include a concise statement of the alleged act or omission that constitutes noncompliance and each law, rule, regulation, order, permit, license, or approval that has not been complied with; and that person alleged to be in noncompliance shall have the right at any time to opt out of the alleged expedited citation process. Failure to respond to an expedited citation shall be deemed as exercising the right to opt out. An expedited citation shall not take effect without the voluntary agreement of the person alleged to be in noncompliance. Expedited citations issued under this section without notice and prior hearing shall be effective no longer than sixty (60) days from the date of receipt by the person alleged to be in noncompliance. In the event that the alleged noncompliance and penalty is unresolved and the expedited citation expires, the director retains the right to issue a separate notice of violation and order and penalty, subject to appeal pursuant to § 42-17.6-4. A person issued an expedited citation shall have the right at any time during the sixty-day (60) expedited citation process to request that the director issue a separate notice of violation and order and penalty, subject to appeal pursuant to § 42-17.6-4.