17.8.130    ENFORCEMENT PROCEDURES--NOTICE OF VIOLATION--ORDER TO TAKE CORRECTIVE ACTION

(1) A written notice of violation may contain, but is not limited to:

(a) the name of the alleged violator;

(b) the last known address of the alleged violator;

(c) the number of the permit, if any, issued under 75-2-204 and 75-2-211 , MCA;

(d) a summary of the complaint made by the department including:

(i) the specific provisions of the statute, rule or permit alleged to be violated; and

(ii) the specific facts alleged to constitute a violation; and

(e) any order to take corrective action, order to pay an administrative penalty, or both; and

(f) if the department has issued an order to take corrective action, a statement in conspicuous type stating that the alleged violator will be found in default and the order will become final and enforceable unless, not later than 30 days after the notice is received, the person named requests, in writing, a hearing before the board.

(2) Notice of violation shall be served personally upon the alleged violator, and acknowledgement of service obtained from the alleged violator or affidavit of service will be completed by the person making the service and made part of the file.

History: 75-2-111, MCA; IMP, 75-2-401, MCA; Eff. 12/31/72; TRANS, from DHES, 1996 MAR p. 2285; AMD, 2004 MAR p. 724, Eff. 4/9/04.