Sec. 19-106. Violations; hearing; notices; compliance

Whenever the Department has reason to believe that a violation of any provision of this Division has occurred, it may serve written notice upon the alleged violator. The notice shall specify the provision of the Division, rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may order that the necessary corrective action be taken within a reasonable time.

Any such order shall become final no later than five (5) days after the date such order is served, unless the person named in the notice requests in writing a hearing before the Department. In lieu of such order, the Department may require that the alleged violator appear before the Department for a hearing at a time and place specified in the notice, to answer the charges complained of, or in the case of willful repeat offenders, the Department may initiate appropriate action for the recovery of a penalty for a violation of this Division.

After such hearing, the Department shall affirm, modify or rescind its order, issue an appropriate new order, or enter into a Plan for compliance for the prevention, abatement or control of the air pollution involved. Such Plan shall prescribe timetables for necessary action in preventing, abating or controlling the air pollution, and for reporting progress made towards compliance.

Nothing in this Division shall prevent the Department from making efforts to obtain voluntary compliance through the use of a verbal or written warning, conference or any other appropriate means.

This Section does not authorize the Prince George's County Health Department to serve notice upon an alleged violator who has been cited by the State Health Department for the same violation.