Power and authority

With respect to projects that are subject to this part and projects completed for off-site mitigation or payment in lieu of mitigation, DDOE shall have the authority to: (1) Monitor, inspect, review, approve, approve with conditions and covenants, and deny approval; (2) Require monitoring, sampling, analysis, record-keeping and certification of ongoing compliance; (3) Establish provisions, requirements, and penalties for off-site mitigation or payment in lieu of mitigation options, and for projects that fail to comply with their off-site mitigation or payment-in-lieu-of-mitigation requirements; and (4) Recover costs, fees and expenses.