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32-40 Environmental Law Enforcement

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Download pdfLoading PDF...var pdf_url = 'http://law.justia.com/codes/north-dakota/2009/t32/pdf/t32c40.pdf';$(document).ready(function() {var embedwindow = $("#embed_document");if ($.browser.msie){embedwindow.html('');} else {embedwindow.html('');}});CHAPTER 32-40ENVIRONMENTAL LAW ENFORCEMENT32-40-01.Short title.This chapter may be cited and shall be known as the NorthDakota Environmental Law Enforcement Act of 1975.32-40-02. Legislative intent and purpose. The legislative assembly of North Dakotaenacts this Environmental Law Enforcement Act in recognition of the vital role played byenvironmental laws in maintaining the health, safety, and general welfare of the state's citizens;the need to maintain a sound system of law, order, and justice; and the need to provide relief tothose aggrieved by a failure of others to abide by or enforce the state's environmental laws.32-40-03.Definitions.As used in this chapter, unless a different meaning clearlyappears from the context:1."Aggrieved" means the suffering of an injury in fact as a result of the allegedviolation of a statute, rule, or regulation, and the injury is of the type the statute, rule,or regulation in question was intended to regulate or protect against.It is notnecessary for the injury to be economic in nature. The injury is sufficient if it hasharmed the party's use and enjoyment of the protected natural resources in amanner different from the harm to the general public.2."Environmental statute, rule, or regulation" means any statute, rule, or regulation ofthe state for the protection of the air, water, and other natural resources, includingland, minerals, and wildlife, from pollution, impairment, or destruction.3."Person" means any natural person, corporation, limited liability company,association, partnership, receiver, trustee, executor, administrator, guardian, orfiduciary.4."State agency" means any state agency, board, commission, council, officer, office,department, or division.32-40-04.Cumulative remedies.The remedies provided by this chapter shall becumulative and shall not replace statutory or common-law remedies.32-40-05. Enforcement powers of attorney general. The attorney general shall havethe authority to enforce, in the same manner as state's attorneys, any state environmentalstatute, rule, or regulation.32-40-06. Who may sue - Defendants - Exception to recovery of damages. Anystate agency, with the approval of the attorney general; any person; or any county, city, township,or other political subdivision, aggrieved by the violation of any environmental statute, rule, orregulation of this state may bring an action in the appropriate district court, either to enforce suchstatute, rule, or regulation, or to recover any damages that have occurred as a result of theviolation, or for both such enforcement and damages. Such action may be brought against anyperson, state agency, or county, city, township, or other political subdivision allegedly engaged insuch violation. However, no damages may be recovered against any state agency, county, city,township, or other political subdivision, except as otherwise provided by law.32-40-07. Notice to be provided. Any person, any state agency, or any county, city,township, or other political subdivision, before commencing any action pursuant to section32-40-06, shall give thirty days' notice by certified mail of intent to file suit and of the allegedviolation to the person alleged to have violated the statute, rule, or regulation; to the state agencyor to the political subdivision responsible for the supervision or enforcement of the statute, rule,or regulation alleged to have been violated; to the state's attorney of the county in which thealleged violation occurred; and to the attorney general. This section shall not apply to emergencyPage No. 1proceedings, brought under any environmental statute, rule, or regulation, necessary to protectthe health, safety, or welfare of any person.32-40-08. Bond. The court may order the complainant to post a cash bond in an amountnot to exceed five hundred dollars to pay any cost or judgment that might be rendered adverse toa complainant in any action brought under this chapter.32-40-09. Intervention in action. Any state agency that receives a notice pursuant tosection 32-40-07 shall be entitled to intervene as a matter or right in the action unless such actionis commenced solely to recover damages for alleged violations.32-40-10. Costs. If the court finds an action brought under this chapter to have beenfrivolous, it shall award costs to the defendants.Otherwise, the court may apportion costsamong the parties as the interests of justice require.32-40-11. Relief granted. In any action brought under this chapter, the court may:1.Grant the relief specified in the environmental statute alleged to have been violatedor pursuant to which the rule or regulation alleged to have been violated waspromulgated.2.Grant temporary or permanent equitable relief.3.Award damages.4.Enter any order it deems necessary to enforce compliance with any environmentalstatute, rule, or regulation of this state.Page No. 2Document Outlinechapter 32-40 environmental law enforcement
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    CHAPTER 32-40ENVIRONMENTAL LAW ENFORCEMENT32-40-01.Short title.This chapter may be cited and shall be known as the NorthDakota Environmental Law Enforcement Act of 1975.32-40-02. Legislative intent and purpose. The legislative assembly of North Dakotaenacts this Environmental Law Enforcement Act in recognition of the vital role played by
    environmental laws in maintaining the health, safety, and general welfare of the state's citizens;
    the need to maintain a sound system of law, order, and justice; and the need to provide relief to
    those aggrieved by a failure of others to abide by or enforce the state's environmental laws.32-40-03.Definitions.As used in this chapter, unless a different meaning clearlyappears from the context:1."Aggrieved" means the suffering of an injury in fact as a result of the alleged
    violation of a statute, rule, or regulation, and the injury is of the type the statute, rule,
    or regulation in question was intended to regulate or protect against.It is notnecessary for the injury to be economic in nature. The injury is sufficient if it has
    harmed the party's use and enjoyment of the protected natural resources in a
    manner different from the harm to the general public.2."Environmental statute, rule, or regulation" means any statute, rule, or regulation of
    the state for the protection of the air, water, and other natural resources, including
    land, minerals, and wildlife, from pollution, impairment, or destruction.3."Person" means any natural person, corporation, limited liability company,
    association, partnership, receiver, trustee, executor, administrator, guardian, or
    fiduciary.4."State agency" means any state agency, board, commission, council, officer, office,
    department, or division.32-40-04.Cumulative remedies.The remedies provided by this chapter shall becumulative and shall not replace statutory or common-law remedies.32-40-05. Enforcement powers of attorney general. The attorney general shall havethe authority to enforce, in the same manner as state's attorneys, any state environmental
    statute, rule, or regulation.32-40-06. Who may sue - Defendants - Exception to recovery of damages. Anystate agency, with the approval of the attorney general; any person; or any county, city, township,
    or other political subdivision, aggrieved by the violation of any environmental statute, rule, or
    regulation of this state may bring an action in the appropriate district court, either to enforce such
    statute, rule, or regulation, or to recover any damages that have occurred as a result of the
    violation, or for both such enforcement and damages. Such action may be brought against any
    person, state agency, or county, city, township, or other political subdivision allegedly engaged in
    such violation. However, no damages may be recovered against any state agency, county, city,
    township, or other political subdivision, except as otherwise provided by law.32-40-07. Notice to be provided. Any person, any state agency, or any county, city,township, or other political subdivision, before commencing any action pursuant to section
    32-40-06, shall give thirty days' notice by certified mail of intent to file suit and of the alleged
    violation to the person alleged to have violated the statute, rule, or regulation; to the state agency
    or to the political subdivision responsible for the supervision or enforcement of the statute, rule,
    or regulation alleged to have been violated; to the state's attorney of the county in which the
    alleged violation occurred; and to the attorney general. This section shall not apply to emergencyPage No. 1proceedings, brought under any environmental statute, rule, or regulation, necessary to protect
    the health, safety, or welfare of any person.32-40-08. Bond. The court may order the complainant to post a cash bond in an amountnot to exceed five hundred dollars to pay any cost or judgment that might be rendered adverse to
    a complainant in any action brought under this chapter.32-40-09. Intervention in action. Any state agency that receives a notice pursuant tosection 32-40-07 shall be entitled to intervene as a matter or right in the action unless such action
    is commenced solely to recover damages for alleged violations.32-40-10. Costs. If the court finds an action brought under this chapter to have beenfrivolous, it shall award costs to the defendants.Otherwise, the court may apportion costsamong the parties as the interests of justice require.32-40-11. Relief granted. In any action brought under this chapter, the court may:1.Grant the relief specified in the environmental statute alleged to have been violated
    or pursuant to which the rule or regulation alleged to have been violated was
    promulgated.2.Grant temporary or permanent equitable relief.3.Award damages.4.Enter any order it deems necessary to enforce compliance with any environmental
    statute, rule, or regulation of this state.Page No. 2Document Outlinechapter 32-40 environmental law enforcement

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