§ 40-8. Default by person cited.

(a) Failure to respond constitutes admission of liability.

Any person cited under an environmental citation is conclusively considered to have admitted liability for the violation cited and responsibility for abating the violation if, within the time allowed by the rules of the Board, the person:

(1) neither pays the prescribed prepayable fine nor requests a hearing on the violation; or

(2) having requested a hearing, fails to appear on a designated hearing date.

(b) Board order; default penalty.

Under either of the circumstances described in subsection (a) of this section, the Board may:

(1) render a default decision and order against the person cited; and

(2) impose an aggregate civil penalty that is equal to:

(i) the amount of the prepayable fine prescribed for the violation; plus

(ii) an additional, default penalty equal to the lesser of:

(A) 50% of the prescribed prepayable fine for every 30 days that, after notice of default is mailed under subsection (c) of this section, the citation remains unsatisfied;

(B) 2 times the prescribed prepayable fine; or

Before an order based on a default becomes final, the Board must notify the respondent, by first-class mail, of:

(1) the default decision and order;

(2) the amount of all penalties imposed; and

(3) the right of the respondent, within 30 days of the notice, to avoid a final judgment and collection proceedings by requesting a stay of default for good cause shown and a determination on the request.