49-783

49-783. Injunctive relief; civil penalties; costs

A. If the director has reason to believe that a person is in violation of any provision of articles 3 or 4 of this chapter, a rule adopted pursuant to article 4 of this chapter, any condition of an approved solid waste facility plan issued pursuant to article 4 of this chapter or that a person is creating an imminent and substantial endangerment to the public health or the environment, the director through the attorney general may request a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief necessary to protect the public health or the environment, without regard to whether the person has requested a hearing.

B. A person who violates any provision of articles 3 or 4 of this chapter, a rule adopted pursuant to article 4 of this chapter, an order issued pursuant to this article or an approved solid waste facility plan issued pursuant to chapter 4 is subject to a civil penalty of not more than one thousand dollars for each day not to exceed fifteen thousand dollars for each violation. At the request of the director, the attorney general shall file an action in superior court to recover civil penalties as prescribed by this section.