§ 17-0905. Proceedings before the commissioner.\n 1. The commissioner may, on his own motion, investigate or make\ninquiry, in a manner to be determined by him, as to the condition of any\nof the waters of the state and as to any alleged act of pollution or\nomission or failure to comply with any provisions of titles 1 to 11,\ninclusive, or title 19 of this article.\n 2. Whenever it shall appear to the commissioner, after investigation,\nthat there has been a violation of any of the provisions of titles 1 to\n11, inclusive, or title 19 of this article, he shall give written notice\nto the alleged violator or violators setting forth any thing or act done\nor omitted to be done or claimed to be in violation of any such\nprovisions, and requiring that the matters complained of be corrected,
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§ 17-0905. Proceedings before the commissioner.\n 1. The commissioner may, on his own motion, investigate or make\ninquiry, in a manner to be determined by him, as to the condition of any\nof the waters of the state and as to any alleged act of pollution or\nomission or failure to comply with any provisions of titles 1 to 11,\ninclusive, or title 19 of this article.\n 2. Whenever it shall appear to the commissioner, after investigation,\nthat there has been a violation of any of the provisions of titles 1 to\n11, inclusive, or title 19 of this article, he shall give written notice\nto the alleged violator or violators setting forth any thing or act done\nor omitted to be done or claimed to be in violation of any such\nprovisions, and requiring that the matters complained of be corrected,\nor that the alleged violator appear in person or by attorney before the\ncommisisoner or his duly designated representative, at the time and\nplace in said notice specified, and answer the charges complained of.\n 3. Whenever it shall appear to the commissioner, after investigation,\nthat industrial or other wastes turned or allowed to run into a sewer or\nsewage disposal system, the content of which ultimately is discharged\ninto the waters of the state, is a cause or contributes to the pollution\nof the said waters, he shall also notify the person or persons allowed\nto be responsible for the discharge of the industrial or other wastes\ninto the sewer or sewage disposal system of any alleged violations on\nhis or their part and shall notify him or them to appear at said hearing\nand answer the charges made against him or them.\n 4. At least twenty days' notice of such hearing shall be given.\n 5. Upon the return day of such notice the person so notified shall\nfile with the commissioner a statement setting forth the position of the\nperson so notified, the answer, if any, to the charges made against him,\nthe methods, practices and procedures, if any, which are being taken to\nprevent polluting discharges into the waters of the state or the sewer\nor sewage disposal system which ultimately empties into said waters, and\nany other defenses or information pertinent to the case. Pertinent and\nrelevant testimony of witnesses shall be received in support of or\nopposition to said statement.\n 6. The burden of proof with respect to violations of or liability\nimposed by titles 1 to 11, inclusive, and title 19 of this article\nshall, except as otherwise provided in section 71-1941, be upon the\ndepartment.\n 7. After due consideration of the written and oral statements, and\ntestimony and arguments filed pursuant to subdivision 5 above, or on\ndefault in appearance on said return day, the commissioner may issue and\nenter such final order or make such final determination as he deems\nappropriate under the circumstances, and shall notify such person or\npersons thereof in writing, personally, or by registered mail.\n