§ 61-38-11 — Restoration (Contingent effective date - See note)

In lieu of or in addition to the penalties authorized under section 61-38-10, the department
of water resources may require restoration of areas in which dredged or fill material has been
discharged illegally. If the department determines any person has discharged dredged or fill
material without a permit or in violation of any permit condition, the department shall notify the
person by registered or certified mail. The notice must specify the nature and extent of
noncompliance and state the area in which the dredged or fill material is located must be
restored to the satisfaction of the department within thirty days of receipt of the notice. If the
area is not restored as required, the department shall cause the restoration of the area and
assess the cost of the restoration against the person responsible for the illegal discharge.