Title 12, Chapter 5, Section 42
( 12-5-42)
(a) Whenever the division determines that any person is discharging
sewage, industrial waste, or other wastes into any waters of the
state in a degree which prevents the water from meeting the
established standards of water purity, the division shall act to
secure the person's cooperation in the reduction or elimination of
the detrimental effects of the discharge. (b) The division shall supply to the person causing the pollution
such technical and scientific information as may be helpful in
reducing or eliminating the polluting effects of the discharge, but
the responsibility for development and application of means of
preventing pollution rests with the person causing the pollution. (c) Whenever any person refuses to cooperate with the efforts of the
director to reduce pollution, the director may issue an order to
bring about the reduction or elimination of the pollution. Any order
issued by the director under this article shall become final unless
the person aggrieved requests in writing a hearing before the
director no later than 30 days after such order is served. However,
before issuing or enforcing such an order, the director shall allow
any person a reasonable time to make the necessary financial
arrangements or make other necessary preparations for the
elimination of the pollution. (d) Whenever the division determines that a violation of any
provision of this article or any rule or regulation promulgated
pursuant to this article relating to the withdrawal, diversion, or
impoundment of surface water has occurred, the division shall by
conference, conciliation, or persuasion attempt to convince the
violator to cease such violation. If in the opinion of the director
such efforts fail, the director may issue an order to bring about
the cessation of such violation. Such order shall specify the
alleged violation and shall prescribe a reasonable time for
corrective action to be accomplished. Any order issued pursuant to
this subsection shall become final unless the person aggrieved
requests a hearing in writing before the director not later than 30
days after such order is served. |