§ 23-19-28.1. Procedures to enforcement.
(a) In any instance wherein there is a violation of its rules and regulations or any order
of the corporation, the corporation and the attorney general shall have the power
to order the violator to cease and desist, or to remedy the violations, and the corporation
may impose administrative penalties. The corporation may impose administrative penalties
only in accordance with the notice and hearing provisions of this chapter, and the
corporation's enforcement plan, as may be amended from time to time, developed pursuant
to the department of environmental management's regulations for reduction and recycl
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§ 23-19-28.1. Procedures to enforcement.
(a) In any instance wherein there is a violation of its rules and regulations or any order
of the corporation, the corporation and the attorney general shall have the power
to order the violator to cease and desist, or to remedy the violations, and the corporation
may impose administrative penalties. The corporation may impose administrative penalties
only in accordance with the notice and hearing provisions of this chapter, and the
corporation's enforcement plan, as may be amended from time to time, developed pursuant
to the department of environmental management's regulations for reduction and recycling
of commercial and non-municipal residential solid waste. Without being required to
enter into any recognizance or to give surety for costs, the attorney general and
executive director may institute administrative, civil or criminal proceedings in
the name of the corporation when there are reasonable grounds to believe that there
has been a violation of any provision of this chapter and the corporation's enforcement
plan, as may be amended from time to time, developed pursuant to the department of
environmental management's regulations for reduction and recycling of commercial and
non-municipal residential solid waste. The attorney general may assist the corporation
in carrying out any civil or administrative proceedings. It shall be the duty of the
attorney general to carry out all criminal proceedings initiated by the executive
director.
(b) The superior court shall have jurisdiction to enforce the provisions of this chapter
and any rule, regulation, permit or administrative order issued pursuant to this chapter.
Proceedings for enforcement may be instituted and prosecuted in the name of the corporation.
Proceedings provided in this section shall be in addition to other administrative
or judicial proceedings authorized by this chapter.
(c) Any person charged with the violation of the provisions of this chapter shall have
a right to a trial by jury on every issue of fact.