(1)  If after an inspection the department determines that a facility in existance prior to October 1, 1985 is not in compliance with the provisions in the Anhydrous Ammonia Facility Safety Act or these rules and that noncompliance may constitute a safety hazard then the department shall:

(a)  notify the owner in writing that the facility is not in compliance and that the noncompliance may constitute a safety hazard;

(b)  provide the owner an opportunity for a hearing to determine if continued noncompliance with the act constitutes a safety hazard.

(2)  If following a hearing the department determines the facility constitutes a safety hazard then the department shall notify the owner of the determination and it may seek remedies provided in 80-10-303 MCA.