(1)Whenever the division has reason to
believe that any person has violated any of the provisions of this part 5 or the rules
and regulations promulgated thereunder, the division may issue a notice of violation
and cease-and-desist order. The notice of violation shall set forth the provision,
rule, or regulation alleged to have been violated and the facts constituting such
violation. The cease-and-desist order shall set forth the measures which the person
shall take to eliminate the violation and the time within which these measures shall
be performed. The order may require that the person stop work at the asbestos
abatement project until the violation has been eliminated or may require a school to
submit and implement an asbestos management plan by a date specified by the
divis
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(1) Whenever the division has reason to
believe that any person has violated any of the provisions of this part 5 or the rules
and regulations promulgated thereunder, the division may issue a notice of violation
and cease-and-desist order. The notice of violation shall set forth the provision,
rule, or regulation alleged to have been violated and the facts constituting such
violation. The cease-and-desist order shall set forth the measures which the person
shall take to eliminate the violation and the time within which these measures shall
be performed. The order may require that the person stop work at the asbestos
abatement project until the violation has been eliminated or may require a school to
submit and implement an asbestos management plan by a date specified by the
division.
(2) If the recipient of a cease-and-desist order issued pursuant to subsection
(1) of this section fails to comply with the terms of the order within the time
specified, the division may file an action in the district court of the county where the
violation is alleged to have occurred requesting that the court order the person to
comply with the cease-and-desist order. When the division alleges that the violation
poses a significant danger to the health of any person, the court shall grant such
action priority.
(3) Unless the division has filed an action in the district court pursuant to
subsection (2) of this section, a recipient of a cease-and-desist order may request a
hearing before the commission to contest the cease-and-desist order. Such request
shall be filed within thirty days after the cease-and-desist order has been issued. A
hearing on the cease-and-desist order shall be held pursuant to section 25-7-119.
(4) Upon a finding by the division that a person is in violation of any of the
provisions of this part 5 or the rules and regulations promulgated thereunder, the
division may assess a penalty of up to twenty-five thousand dollars per day of
violation or such lesser amount as may be required by applicable federal law or
regulation. In determining the amount of the penalty to be assessed, the division
shall consider the seriousness of the danger to the public's health caused by the
violation, whether or not the violation was willful, the duration of the violation, and
the record of the person committing such violation.
(5) A person subject to a penalty assessed pursuant to subsection (4) of this
section may appeal the penalty to the commission by requesting a hearing before
the commission. Such request shall be filed within thirty days after the penalty
assessment is issued. A hearing pursuant to this subsection (5) shall be conducted
pursuant to section 25-7-119.
(6) (a) Except as described in subsection (6)(b) of this section, all penalties
collected pursuant to this section shall be transmitted to the state treasurer, who
shall credit the same to the general fund.
(b) (I) On and after July 1, 2025, all receipts from penalties collected under
this section shall be credited to the rural housing and development asbestos and
lead paint abatement fund created in section 25-16-312; except that, for the 2025-26 state fiscal year and the 2026-27 state fiscal year, the credits described in this
subsection (6)(b) continue only until such time as the total amount of penalties and
fines collected pursuant to this section and sections 25-15-309 and 25-15-310 and
credited to the rural housing and development asbestos and lead paint abatement
fund equals two hundred thousand dollars.
(II) This subsection (6)(b) is repealed, effective June 30, 2027.