2-1219. Same; penalty for violations; injunctions; jurisdiction; hearings.
2-1219
2-1219. Same; penalty for violations; injunctions; jurisdiction;
hearings.
Any person violating or failing to comply with, any of the provisions of
this act, or any rule or regulation adopted thereunder, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be punished by a
fine of not more than five hundred dollars ($500). If any person owning or
operating an anhydrous ammonia facility, including transports, tank
trailers and applicators, shall fail to make the changes, additions and
alterations necessary (a) to correct the defects, and (b) to supply the
deficiencies, within the specified time as directed, then the county
attorney of the county in which the facility or equipment is located is
authorized to file a petition in the district court setting forth the facts
and praying for an injunction. The district courts of this state shall have
jurisdiction to hear such matters, and may temporarily restrain and
temporarily and permanently enjoin the operator or owner from operating
such facility or equipment until such time as the defects are corrected and
the deficiencies supplied. Before the secretary reports a violation for
such prosecution, an opportunity shall be given the person to present his
or her views. Nothing in this act shall be construed as requiring the
secretary to report for prosecution minor violations of the act whenever
the secretary believes that the public interest will be best served by
other actions.
History: L. 1969, ch. 6, § 8; July 1.