(A) The department shall review the report, the actions, or proposed actions to correct the violations and the proposed compliance schedule. The department may:
(1) approve the actions and the compliance schedule as submitted;
(2) propose different actions or compliance schedule; or
(3) disapprove the proposed actions or compliance schedule.
(B) If the department and the participant do not reach an agreement on the actions to correct the violations or on a compliance schedule or the department disapproves the use of a compliance schedule, the department may initiate procedures to revoke the cooperative agreement and may commence an enforcement action.
(C) If the parties reach agreement, the department may amend the cooperative agreement to incorporate the actions to correct the violations and the compliance schedule.
(D) The department may consider these factors in determining whether to approve a compliance schedule:
(1) environmental and public health consequences of the violations;
(2) time needed to implement a change in raw materials or method of production if that change is an available alternative to other approaches for correcting the violations; and
(3) time needed to purchase any equipment or supplies that are needed to correct the violations.
HISTORY: 2002 Act No. 318, Section 1.
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