§ 23.1-10-11 — Action to compel performance - Injunctive relief

1. The department may make a request for corrective action to a responsible party. A
request must be in writing, state the action requested, the reasons for the action, and
reasonable times for the action to begin and be completed taking into account the
urgency of the action for protection of the public health or welfare or the environment.
2. If a person responsible for a release or threatened release of a regulated substance
fails to take corrective actions or make reasonable progress in completing corrective
actions requested under subsection 1, the department may bring an action to compel
performance of the requested corrective actions. If any person having any right, title,
or interest in and to the real property where the containment unit is located or where
corrective actions are proposed to be taken is not a person responsible for the release
or threatened release, the person may be joined as an indispensable party in an action
to compel performance to assure the requested corrective actions can be taken on
that property by the responsible parties.
3. The release or threatened release of a regulated substance may constitute a public
nuisance and may be enjoined in an action brought by the department.