(a) An alleged violator may offer to settle an enforcement action by agreement. The executive director may enter into settlement agreements to resolve an enforcement action. The commission may, by resolution, require certain types of enforcement actions or settlements to be submitted to the commission for action or approval.

(b) In the event the violator fails to carry out any of the terms of the settlement agreement, the commission or executive director may reinstitute a civil penalty action and any other applicable enforcement action against the alleged violator.