27-1324. Injunctive relief; civil
penalties
A. Beginning January 1, 2007, if the state mine inspector has reason to believe
that a person is violating this chapter or a rule adopted pursuant to this chapter or
that a person is causing an imminent and substantial danger to the public safety, the
inspector, through the attorney general, may request a temporary restraining order, a
preliminary injunction, a permanent injunction or any other relief necessary to protect
the public safety, without regard to whether the person has requested a hearing.
B. A person who violates this chapter or a rule, order or reclamation plan approval
adopted or issued pursuant to this chapter is subject to a civil penalty of not more than
one thousand dollars for each day of violation, not to exceed fifteen thousand dollars
for each violation. At the inspector's request, the attorney general shall file an action
in superior court to recover civil penalties as prescribed by this section.
C. An action filed under this section shall be brought in superior court in the
county in which the alleged violation occurred or in which the inspector maintains an
office.
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