8 CAR § 11-402. Issuance of notice of violation

(a) Except as otherwise provided in Subpart 5 of this part, Emergency Actions, the Director of the Division of Environmental Quality may not issue an order, except by consent, to any person for violation of the laws, permits, or rules administered by the Division of Environmental Quality unless and until the person has been served with a notice of violation and has had the opportunity to request an adjudicatory hearing in accordance with the applicable provisions of Subpart 6 of this part. (b)(1) Whenever the director determines that reasonable grounds exist to believe that a violation has occurred, he or she may issue a notice of violation to be served upon all persons alleged to be in violation. (2) The notice shall state: (A) All alleged violations of which the person is accused; (B) The administrative civil penalty, if any, proposed by the director to be assessed for each violation; (C) Corrective actions, if any, including time frames, which in the director’s judgment must be undertaken to remedy the violations or to abate or contain any situation causing pollution or the threat of pollution; (D) Any other measure, such as permit suspension or revocation, proposed by the director to be taken against the alleged violator; (E)(i) That the alleged violator must file, in accordance with 8 CAR § 11-603(c), a request for hearing on the notice of violation with the Arkansas Pollution Control and Ecology Commission secretary within twenty (20) calendar days of its receipt. (ii) If a request for hearing is not filed with the commission secretary, the allegations will be deemed proven, and the director may issue a default administrative order affirming the allegations as findings of fact, affirming the assessment of administrative civil penalties, and ordering any corrective actions and other matters, as stated in the notice of violation; and (F)(i) That upon filing a request for hearing within the time provided, the alleged violator will be entitled to commission review and adjudicatory hearing on the allegations and other matters stated in the notice of violation. (ii) Any request for hearing shall comply with the provisions of Subpart 6 of this part.