Sec. 26.20.32.01. General

A. The Bureau may assess civil penalties upon the issuance of any notice of violation or cessation order, regardless of a person's subsequent efforts to comply with the requirements of the Regulatory Program.

B. Civil penalties may be as much as $5,000 for each violation of the Regulatory Program. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments.

C. Civil penalties shall be assessed whenever the Bureau issues a cessation order for a violation that creates an imminent danger to the health and safety of the public, or is causing or can reasonably be expected to cause significant, imminent environmental harm.

D. If a person fails to correct a violation within the time specified in either a notice of violation or cessation order, the Bureau shall assess a civil penalty of not less than $750 for each day up to 30 days beyond the compliance deadline during which the violation continues, and may assess this penalty beyond that time for continued noncompliance. However, in all cases the daily penalty may not begin until the Bureau conducts a reinspection of the permit and informs the person that compliance has not been achieved.

E. Whenever the $750 per day penalty of §D of this regulation is not assessed beyond 30 days, the Bureau shall take appropriate action pursuant to the Regulatory Program, within 30 days, to ensure that abatement occurs or to ensure that there will not be a recurrence of the failure to abate.

F. A civil penalty may not be assessed without providing an opportunity for a hearing. If the person charged with the violation fails to request a hearing, the Bureau shall assess a civil penalty only after determining, in writing, that a violation did occur.