§ 17-0905. Proceedings before the commissioner.

1. The commissioner may, on his own motion, investigate or make
inquiry, in a manner to be determined by him, as to the condition of any
of the waters of the state and as to any alleged act of pollution or
omission or failure to comply with any provisions of titles 1 to 11,
inclusive, or title 19 of this article.

2. Whenever it shall appear to the commissioner, after investigation,
that there has been a violation of any of the provisions of titles 1 to
11, inclusive, or title 19 of this article, he shall give written notice
to the alleged violator or violators setting forth any thing or act done
or omitted to be done or claimed to be in violation of any such
provisions, and requiring that the matters complained of be corrected,
or that the alleged violator appear in person or by attorney before the
commisisoner or his duly designated representative, at the time and
place in said notice specified, and answer the charges complained of.

3. Whenever it shall appear to the commissioner, after investigation,
that industrial or other wastes turned or allowed to run into a sewer or
sewage disposal system, the content of which ultimately is discharged
into the waters of the state, is a cause or contributes to the pollution
of the said waters, he shall also notify the person or persons allowed
to be responsible for the discharge of the industrial or other wastes
into the sewer or sewage disposal system of any alleged violations on
his or their part and shall notify him or them to appear at said hearing
and answer the charges made against him or them.

4. At least twenty days' notice of such hearing shall be given.

5. Upon the return day of such notice the person so notified shall
file with the commissioner a statement setting forth the position of the
person so notified, the answer, if any, to the charges made against him,
the methods, practices and procedures, if any, which are being taken to
prevent polluting discharges into the waters of the state or the sewer
or sewage disposal system which ultimately empties into said waters, and
any other defenses or information pertinent to the case. Pertinent and
relevant testimony of witnesses shall be received in support of or
opposition to said statement.

6. The burden of proof with respect to violations of or liability
imposed by titles 1 to 11, inclusive, and title 19 of this article
shall, except as otherwise provided in section 71-1941, be upon the
department.

7. After due consideration of the written and oral statements, and
testimony and arguments filed pursuant to subdivision 5 above, or on
default in appearance on said return day, the commissioner may issue and
enter such final order or make such final determination as he deems
appropriate under the circumstances, and shall notify such person or
persons thereof in writing, personally, or by registered mail.