§ 485-A:44 — Injunction to Enforce

I. On application of the department, the superior court or any justice of the court, in term time or in vacation, may enjoin any act in violation of this subdivision.
II. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of this subdivision. The municipality shall give notice of any such action to the attorney general and the commissioner of environmental services, who may take such action as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or, as of right, dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances.

Legislative History

1989, 339:1. 1991, 340:5. 1996, 228:106, eff. July 1, 1996.