2-1219.   Same; penalty for violations; injunctions; jurisdiction;hearings.Any person violating or failing to comply with, any of the provisions ofthis act, or any rule or regulation adopted thereunder, shall be deemedguilty of a misdemeanor, and upon conviction thereof shall be punished by afine of not more than five hundred dollars ($500). If any person owning oroperating an anhydrous ammonia facility, including transports, tanktrailers and applicators, shall fail to make the changes, additions andalterations necessary (a) to correct the defects, and (b) to supply thedeficiencies, within the specified time as directed, then the countyattorney of the county in which the facility or equipment is located isauthorized to file a petition in the district court setting forth the factsand praying for an injunction. The district courts of this state shall havejurisdiction to hear such matters, and may temporarily restrain andtemporarily and permanently enjoin the operator or owner from operatingsuch facility or equipment until such time as the defects are corrected andthe deficiencies supplied. Before the secretary reports a violation forsuch prosecution, an opportunity shall be given the person to present hisor her views. Nothing in this act shall be construed as requiring thesecretary to report for prosecution minor violations of the act wheneverthe secretary believes that the public interest will be best served byother actions.

      History:   L. 1969, ch. 6, § 8; July 1.