§ 42-17.8-7 - Compliance, remediation and mitigation of violations.
SECTION 42-17.8-7
§ 42-17.8-7 Compliance, remediation andmitigation of violations. – (a) In order to qualify for the compliance incentives set forth in §42-17.8-3, a regulated entity must correct the violation within sixty (60) daysfrom the date said violation was reported to the department, certify in writingthat the violations have been corrected, and take appropriate measures, asdetermined by the department, to remedy any environmental harm or threat topublic health or safety resulting from the violation. If more than sixty (60)days will be needed to correct the violation(s), the regulated entity shallprovide the department with a written compliance schedule before the sixty (60)day period has passed.
(b) The regulated entity shall agree, in writing, to takesteps to prevent a recurrence of the violation(s), which may includeimprovements to its environmental auditing or due diligence efforts.
(c) Where compliance or remedial measures are complex or alengthy schedule for attaining and maintaining compliance or remediating harmis required, the department may require a regulated entity to enter into apublicly available written agreement, administrative consent order or judicialconsent decree as a means of assuring that the required measures are performedin a prompt, professional manner.
(d) The department may forgive the entire penalty forviolations which meet the conditions of this chapter and, in the department'sopinion, do not merit any penalty due to the insignificant amount of anyeconomic benefit.