Section 15-230. Environmental control board proceedings; order to certify correction

a. Except as otherwise provided in  subdivision  e  of  this  section,  whenever  the  commissioner  serves a notice of violation such
  notice shall include an order which requires the respondent  to  correct
  the  condition  constituting  the  violation and to file a certification
  with the department that the condition has been  corrected.  Such  order
  shall  require  that  the condition be corrected within thirty days from
  the date that  the  order  is  issued  and  that  certification  of  the
  correction  of  the  condition  shall  be filed with the department in a
  manner and form and within such further  period  of  time  as  shall  be
  established by rule or regulation of the department.
    b.  If  the  board  finds,  upon good cause shown, that the respondent
  cannot correct the violation within the period specified in  subdivision
  a, it may, with the concurrence of the commissioner, postpone the period
  for  compliance  with  such order upon such terms and conditions and for
  such period of time as shall be appropriate under the circumstances.
    c. For violations which are subject  to  the  penalties  for  a  first
  violation  as  set  forth  in section 15-229, if the respondent complies
  with the order issued pursuant to subdivision a of this  section  within
  the  time  set forth in such subdivision there shall be no civil penalty
  for such  first  violation.  Such  violation  may  however  serve  as  a
  predicate  for  purposes  of  the multiple offense schedule set forth in
  section 15-229.
    d. In any proceeding before the environmental control  board,  if  the
  board  finds  that  the  commissioner  has failed to prove the violation
  charged it shall notify the commissioner and  the  order  requiring  the
  respondent  to correct the condition constituting the violation shall be
  deemed to be revoked.
    e. Subdivisions a, b, c, and d of this  section  shall  not  apply  to
  environmental   control   board  proceedings  to  impose  penalties  for
  violations of sections  15-220.1,  15-223.1  and  15-231  or  to  impose
  penalties  for  any violation which the commissioner, in his discretion,
  determines to be hazardous.
    * NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14