338.3307 Monetary civil penalties; issuance, contents, and delivery of citation.

257 words·~1 min read·/mi/chapter-338/338-3307

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Sec. 307.

(1)The department, upon recommendation by the board, shall promulgate pursuant to the administrative procedures act of 1969, a schedule of monetary civil penalties of not more than $10,000.00 for each violation or day that the violation continues which may be assessed for a specified violation of this act or a rule promulgated under this act. For a violation of the licensing provision in section 207, the department shall establish monetary civil penalties in substantial compliance with the United States environmental protection agency's civil penalty policy for asbestos demolition and renovation but not more than $25,000.00 for each violation or day that the violation continues.

(2)If the department believes that a person has violated this act or a rule promulgated under this act, the department may issue a citation at that time or not later than 90 days after discovery of the alleged violation. The citation shall be written and shall state with particularity the nature of the violation, including reference to the section of this act or the rule alleged to have been violated, the civil penalty established for the violation, if any, and the right to appeal the citation pursuant to section 309. The citation shall be personally delivered or sent by registered mail to the alleged violator.

History: 1986, Act 135, Eff. July 2, 1986

Compiler's Notes: Sec. 317 of this act provides: “The licensing provisions of this act shall take effect 3 months after the effective date of this act.”