§ 71-0301 — Summary abatement

§ 71-0301. Summary abatement.\n Notwithstanding any inconsistent provisions of law, whenever the\ncommissioner finds, after investigation, that any person is causing,\nengaging in or maintaining a condition or activity which, in his\njudgment, presents an imminent danger to the health or welfare of the\npeople of the state or results in or is likely to result in irreversible\nor irreparable damage to natural resources, and relates to the\nprevention and abatement powers of the commissioner and it therefore\nappears to be prejudicial to the interests of the people of the state to\ndelay action until an opportunity for a hearing can be provided, the\ncommissioner may, without prior hearing, order such person by notice, in\nwriting wherever practicable or in such other form as in the\ncommissioner's judgment will reasonably notify such person whose\npractices are intended to be proscribed, to discontinue, abate or\nalleviate such condition or activity, and thereupon such person shall\nimmediately discontinue, abate or alleviate such condition or activity.\nAs promptly as possible thereafter, not to exceed fifteen days, the\ncommissioner shall provide the person an opportunity to be heard and to\npresent proof that such condition or activity does not violate the\nprovisions of this section. The commissioner shall adopt any other\nappropriate rules and regulations prescribing the procedure to be\nfollowed in the issuance of such orders. Any person who violates any of\nthe provisions of, or who fails to perform any duty imposed by this\nsection, or any rule, regulation or order promulgated by the\ncommissioner hereunder, shall be liable to a civil penalty of not more\nthan twenty-five hundred dollars for each such violation and an\nadditional penalty of not more than five hundred dollars for each day\nduring which such violation continues, and, in addition thereto, such\nperson may be enjoined from continuing such violation. Penalties and\ninjunctive relief provided herein shall be recoverable in an action\nbrought by the attorney general at the request and in the name of the\ncommissioner.\n