State Codes and Statutes

Statutes > Nevada > Title-40 > Chapter-459 > Disposal-of-hazardous-waste > 459-580

459.580  Injunctive relief.

      1.  The Director may seek an injunction in district court to prevent the occurrence or continuance of any act or practice which violates any provision of NRS 459.400 to 459.560, inclusive, or any regulation adopted or permit or order issued pursuant to those sections.

      2.  If the Director shows that a person is or has engaged in any act or practice which violates NRS 459.400 to 459.560, inclusive, or any regulation adopted or permit or order issued pursuant to those sections, the court may issue, without bond any prohibitory or mandatory injunction which the facts warrant, including a temporary restraining order or a preliminary or permanent injunction. A temporary restraining order may be granted only if the Director has attempted to notify the defendant of the Director’s intention to seek it before the beginning of the hearing.

      3.  The court may not deny a temporary restraining order or an injunction because the Director has failed to show that there is no adequate remedy at law or because the Director has not shown that irreparable harm will result from the act or practice which is the subject of the action.

      4.  The court may require a performance bond or other security by the respondent to ensure the compliance of the respondent with the order.

      (Added to NRS by 1981, 886)—(Substituted in revision for NRS 444.772)

     

State Codes and Statutes

Statutes > Nevada > Title-40 > Chapter-459 > Disposal-of-hazardous-waste > 459-580

459.580  Injunctive relief.

      1.  The Director may seek an injunction in district court to prevent the occurrence or continuance of any act or practice which violates any provision of NRS 459.400 to 459.560, inclusive, or any regulation adopted or permit or order issued pursuant to those sections.

      2.  If the Director shows that a person is or has engaged in any act or practice which violates NRS 459.400 to 459.560, inclusive, or any regulation adopted or permit or order issued pursuant to those sections, the court may issue, without bond any prohibitory or mandatory injunction which the facts warrant, including a temporary restraining order or a preliminary or permanent injunction. A temporary restraining order may be granted only if the Director has attempted to notify the defendant of the Director’s intention to seek it before the beginning of the hearing.

      3.  The court may not deny a temporary restraining order or an injunction because the Director has failed to show that there is no adequate remedy at law or because the Director has not shown that irreparable harm will result from the act or practice which is the subject of the action.

      4.  The court may require a performance bond or other security by the respondent to ensure the compliance of the respondent with the order.

      (Added to NRS by 1981, 886)—(Substituted in revision for NRS 444.772)

     


State Codes and Statutes

State Codes and Statutes

Statutes > Nevada > Title-40 > Chapter-459 > Disposal-of-hazardous-waste > 459-580

459.580  Injunctive relief.

      1.  The Director may seek an injunction in district court to prevent the occurrence or continuance of any act or practice which violates any provision of NRS 459.400 to 459.560, inclusive, or any regulation adopted or permit or order issued pursuant to those sections.

      2.  If the Director shows that a person is or has engaged in any act or practice which violates NRS 459.400 to 459.560, inclusive, or any regulation adopted or permit or order issued pursuant to those sections, the court may issue, without bond any prohibitory or mandatory injunction which the facts warrant, including a temporary restraining order or a preliminary or permanent injunction. A temporary restraining order may be granted only if the Director has attempted to notify the defendant of the Director’s intention to seek it before the beginning of the hearing.

      3.  The court may not deny a temporary restraining order or an injunction because the Director has failed to show that there is no adequate remedy at law or because the Director has not shown that irreparable harm will result from the act or practice which is the subject of the action.

      4.  The court may require a performance bond or other security by the respondent to ensure the compliance of the respondent with the order.

      (Added to NRS by 1981, 886)—(Substituted in revision for NRS 444.772)