BOARD02205

• Board Meeting Date: 3/10/1971
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

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he didn't know at the time. So this is going
to be quite a job to locate all of these, and
especially locate the ones that are draining.

Legal procedures are pretty well spelled
out in our law. We have to apply persuasion
and conciliatory action first. If this fails
then the commission, the director of the
department, Dr. Cleere, or any organized
health unit, can issue a cease and desist
order. In the cease and desist order we have
to state which part of the law or commission
regulation is being violated. We also have
to tell them that they have a reasonable time
and state the date by which they shall be in
compliance, and that they have twenty days,
if they feel they have been wronged, to ask
for a hearing before the commission. Irre-
spective of who issues the cease and desist
orders, the commission is the only one that
can hear them and we have had a number of these.
If, say a cease and desist order has been
issued, the commission hears them and upholds
the decision of the staff or the local health
unit and the person still fails to comply then
it is turned over to the Attorney General's
office for action. He has two courses of
action that he can take. He can seek an in-
junction or he can seek a fine.

Just last year we had the penalties
added to our law. There are two types of
fines. One, if they are discharging and do
not notify us of the discharge that did exist
or they have changed the location of their
discharge, they can be fined $50.00 to $500.00.
This is a one-shot affair. However, if they
are in violation of a cease and desist order
they can be fined from $50.00 to $2500.00 per
day.

We have an emergency clause also in the
law that states that if public health and human
health is in danger, then we can bypass any of
these procedures such as conciliatory action,

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