(1) The department shall serve on each individual to be assessed an individual civil penalty a notice of violation and penalty order.

(2) The notice of violation and penalty order becomes a final order 30 days after service upon the individual unless:

(a) the individual files within 30 days of service of the notice of violation and penalty order a request for hearing pursuant to 82-4-254(3), MCA; or

(b) the department and the individual or responsible corporate permittee agree within 30 days of service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure or refusal.

(3) For purposes of this section, service is sufficient if it would satisfy Rule 4 of the Montana Rules of Civil Procedure for service of a summons and complaint.

(4) The hearing on the individual civil penalty must be a contested case hearing conducted in accordance with 82-4-206(2), MCA.