75-2-425. Notice of noncompliance — challenge
75-2-425. Notice of noncompliance — challenge. (1) The department shall give a brief but reasonably specific notice of noncompliance to each person who owns or operates a source subject to 75-2-421(1) which is not in compliance as provided in that subsection, within 30 days after the department has discovered the noncompliance. (2) Each person to whom notice […]
75-2-426. Hearing on challenge
75-2-426. Hearing on challenge. (1) The board shall provide a hearing on the record and make a decision (including findings of fact and conclusions of law) not later than 90 days after the receipt of any petition under 75-2-425(2)(b) with respect to such source. (2) If the petition is denied, the petitioner shall submit the material required […]
75-2-427. Deposit of noncompliance penalty fees
75-2-427. Deposit of noncompliance penalty fees. All noncompliance penalties collected by the department pursuant to 75-2-421 through 75-2-429 shall be deposited in the state special revenue fund until a final determination and adjustment have been made as provided in 75-2-424 and amounts have been deducted by the department for costs attributable to implementation of 75-2-421 through […]
75-2-428. Effect of new standards on noncompliance penalty
75-2-428. Effect of new standards on noncompliance penalty. In the case of any emission limitation, emission standard, or other requirement approved or adopted by the department under this chapter after July 1, 1979, and approved by the federal environmental protection agency as an amendment to the state implementation plan, which is more stringent than the emission […]
75-2-429. Effect of noncompliance penalty on other remedies
75-2-429. Effect of noncompliance penalty on other remedies. (1) Any orders, payments, sanctions, or other requirements under 75-2-421 through 75-2-428 shall be in addition to any other permits, orders, payments, sanctions, or other requirements established under this chapter and shall in no way affect any civil or criminal enforcement proceedings brought under 75-2-412 or 75-2-413. (2) The […]
75-2-402. Emergency procedure
75-2-402. Emergency procedure. (1) Any other law to the contrary notwithstanding, if the department finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the department shall order persons causing or contributing to the air pollution to immediately reduce or discontinue the […]
75-2-403. Inspections
75-2-403. Inspections. (1) The department or an authorized representative, for the purpose of ascertaining the state of compliance with this chapter or a rule, order, or permit in force under this chapter, may enter and inspect, at any reasonable time, any property, premises, or place, except a private residence, on or at which: (a) an air contaminant […]
75-2-404. through 75-2-410 reserved
75-2-404 through 75-2-410 reserved.
75-2-411. Judicial review
75-2-411. Judicial review. (1) A person aggrieved by an order of the board or local control authority may apply for rehearing upon one or more of the following grounds and upon no other grounds: (a) the board or local control authority acted without or in excess of its powers; (b) the order was procured by fraud; (c) the order […]
75-2-412. Criminal penalties — injunction preserved
75-2-412. Criminal penalties — injunction preserved. (1) A person is guilty of an offense under this section if that person knowingly: (a) violates a provision of this chapter or a rule, order, or permit made or issued under this chapter; (b) makes a false material statement, representation, or certification on a form required under this chapter or in […]