49-862. Compliance orders; injunctive
relief
A. If the director has reasonable cause to believe that a person is violating this
article or a rule adopted pursuant to this article, the director may serve on the person
an order requiring compliance with that provision or rule. The order shall state with
reasonable particularity the nature of the violation and shall specify either immediate
compliance or a time period for compliance that the director determines is reasonable,
taking into account the seriousness of the violation and any good faith efforts to comply
with applicable legal requirements. The alleged violator may request a hearing pursuant
to title 41, chapter 6, article 10.
B. If the director has reasonable cause to believe that an order issued pursuant to
this section is being violated or that a person is engaging in an act or practice that
constitutes a violation for which he is authorized to issue an order pursuant to this
section, the attorney general, at the request of the director, may apply to the superior
court in the county in which the violation is occurring or in which the department has an
office for a temporary restraining order, preliminary injunction or permanent injunction.
C. If the director has reasonable cause to believe that a person is engaging in an
act or practice in violation of this article that causes an imminent and substantial
endangerment to the public health or environment, whether or not the person has requested
a hearing, the attorney general, at the request of the director, may apply to the
superior court in the county in which the violation is occurring or in which the
department has an office for a temporary restraining order, preliminary injunction or
permanent injunction.
|