§ 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 article 3, 4 or 11 of this chapter, a rule adopted pursuant to article 4 or 11 of this chapter, any condition of a coal combustion residuals permit or 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 article 3, 4 or 11 of this chapter, a rule adopted pursuant to article 4 or 11 of this chapter, an order issued pursuant to this article, a coal combustion residuals permit or an approved solid waste facility plan issued pursuant to this chapter is subject to a civil penalty of not more than $1,000 for each day not to exceed $15,000 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.

C. This section does not apply to CCR units until after CCR program approval.