(Contingent effective date – See note) In lieu of or in addition to the penalties authorized under section 61-38-10, the department of water resources may require restoration of areas in which dredged or fill material has been discharged illegally. If the department determines any person has discharged dredged or fill material without a permit or in violation of any permit condition, the department shall notify the person by registered or certified mail. The notice must specify the nature and extent of noncompliance and state the area in which the dredged or fill material is located must be restored to the satisfaction of the department within thirty days of receipt of the notice. If the area is not restored as required, the department shall cause the restoration of the area and assess the cost of the restoration against the person responsible for the illegal discharge.