(a) When the Secretary determines that a violation will or is likely to occur, the Secretary may issue a written warning which shall be served on the respondent in person or by certified mail, return receipt requested. The warning shall include a brief description of the prospective violation, identification of the statute, rule, permit, assurance, or order that is the subject of the prospective violation and a brief description of the potential enforcement actions which may be taken if the violation occurs.

(b) When the Secretary determines that a violation exists, the Secretary may issue a written notice of the alleged violation. The notice shall be served on the respondent in person or by certified mail, return receipt requested. The notice shall include a brief description of the alleged violation, identification of the statute, rule, permit, assurance, or order that is the subject of the violation, a brief description of the Secretary's intended course of action to address the alleged violation, and, if appropriate, specific time lines and directives to achieve compliance. (Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 2.)