(A) Whenever, on the basis of any information, the Mayor determines that any person has violated or is violating any requirement, or prohibition of the Air Quality Control Act, §§ 9-5-1-1 et seq., any regulation promulgated pursuant to §§ 9-5-1-1 et seq., or any condition of a permit issued pursuant thereto, the Mayor may:
(1) Issue a compliance order stating with reasonable specificity the nature of the violation and requiring compliance immediately or within a specified time period or assessing a civil penalty for any past or current violation, or both; or
(2) Commence a civil action in district court for appropriate relief, including a temporary or permanent injunction.
(B) Any order issued pursuant to division (A) above may include a suspension or revocation of any permit, or portion thereof, issued by the Mayor. Any penalty assessed in the order shall not exceed $15,000 per day of noncompliance for each violation.
(C) Any order issued pursuant to division (A) above shall become final unless, no later than 30 days after the order is served, the person named therein submits a written request to the Director for a public hearing. Upon such request, the Director shall promptly conduct a public hearing. The Director shall appoint an independent hearing officer to preside over the public hearing. The hearing officer shall make and preserve a complete record of the proceedings and forward the hearing officer's recommendation based thereon to the Director, who shall make the final decision.
(D) The Board may adopt a field citation program through regulations establishing appropriate minor violations for which field citations assessing civil penalties not to exceed $1,000 per day of violation may be issued by officers or employees of the Department as designated by the Mayor. The program will be implemented by the Department.
(E) Any person to whom a field citation is issued pursuant to division (D) above may, within a reasonable time as prescribed by regulation by the Board, elect to pay the penalty assessment or to request a hearing by the issuing agency on the field citation. If a request for hearing is not made within the time specified in the regulation, the penalty assessment in the field citation shall be final.
(F) Payment of a civil penalty required by a field citation issued pursuant to division (D) above shall not be a defense to further enforcement by the Department to correct a violation or to assess the maximum statutory penalty pursuant to other authorities in the Air Quality Control Act or §§ 9-5-1-1 et seq. if the violation continues.
(G) In determining the amount of any penalty to be assessed pursuant to this section, the Director or the individual issuing a field citation shall take into account the seriousness of the violation, any good-faith efforts to comply with the applicable requirements and other relevant factors.
(H) In connection with any proceeding under this section, the Director may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents and may adopt rules for discovery procedures.
(I) Penalties collected pursuant to an administrative order or a field citation shall be deposited in the city or the county general fund, as applicable.
('74 Code, § 6-16-13) (Ord. 65-1993)