49-142. Abatement order; hearing;
injunction
A. If the director has reasonable cause to believe from information furnished to
the director or from the director's own investigation that a person is maintaining an
environmental nuisance, the director may serve, by certified mail, an abatement order on
the person requiring the person to abate the nuisance. If the person fails or refuses to
comply with the order within the time specified in the order or if after reasonable
attempts the director is unable to serve the order, the director may abate the nuisance
at the department's expense. The director shall be entitled to recover the reasonable
costs of abatement incurred in accordance with any terms of the order that have been
upheld after all rights to appeal or judicial review have been exhausted or waived.
B. An abatement order issued pursuant to this section becomes final unless within
thirty days after receipt of the order an appeal is made pursuant to title 41, chapter 6,
article 10.
C. If a person fails or refuses to comply with an abatement order issued under this
section or if the director has reason to believe that a person is creating an actual or
potential endangerment to the public health or environment because of acts performed in
violation of this article or a rule applicable to any environmental nuisance described in
section 49-141, the director may file an action in superior court in the county in which
the violation occurred or in any county in which the department maintains an office to
restrain and enjoin the person from further violations, to compel compliance with an
order or to abate an environmental nuisance. The court shall proceed as in other actions
for injunctions.
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