49-372

49-372. Administrative director;
enforcement

A. A county may designate and authorize an administrative director for the program
or plan prescribed by section 49-371 to perform enforcement duties. If the
administrative director determines that a person is in violation of an ordinance, rule or
regulation adopted pursuant to section 49-371 or a permit authorized pursuant to that
section, the administrative director may take actions consistent with this article and
section 49-261.

B. A county that adopts ordinances, rules or regulations pursuant to section 49-371
may enforce those ordinances, rules or regulations as prescribed by sections 49-261,
49-262 and 49-263 for violations of this article as if this article were referenced in
sections 49-261, 49-262 and 49-263 except for the following:

1. Appeals under section 49-261, subsection D shall be filed in the superior court.

2. Section 49-262, subsections F, G, H, I and J do not apply.

3. Any other section of statute prescribed in section 49-261, 49-262 or 49-263 does
not apply.

C. The county's attorney and the county's designated administrative director have
the authority prescribed for the attorney general and the director of environmental
quality, respectively, pursuant to sections 49-261, 49-262 and 49-263.

D. Notwithstanding sections 49-262 and 49-263, penalties obtained pursuant to this
article by a county shall be deposited into the county general fund.

E. A county shall not receive civil penalties under this section if an interested
person, the United States, this state or another political subdivision or agency of this
state has received civil penalties or is diligently prosecuting a civil penalty action in
a court of the United States or this state, or in an administrative enforcement
proceeding, with respect to the same allegations, standard, requirement or order. This
state, and any political subdivision or agency of this state that is or may be affected
by a civil, judicial or administrative action, may intervene as a matter of right in any
pending civil, judicial or administrative action for purposes of obtaining injunctive or
declaratory relief.