(a)  The owner of any cesspool who or that has not complied with the requirements pursuant to this chapter shall be in violation of this chapter and subject to enforcement action by the department in accordance with chapters 17.1 and 17.6 of title 42.

(b)  Notwithstanding the above provisions, the director may require the abandonment and replacement of any cesspool with an approved OWTS prior to the dates specified in § 23-19.15-6(b) if the cesspool is a large capacity cesspool as defined pursuant to applicable federal regulations governing underground injection control (UIC) facilities.