HARRY HUGHES, Governor

1403

21-403. INJUNCTIVE RELIEF.

(A)  IN GENERAL.

AT THE REQUEST OF THE BOARD OR THE DEPARTMENT, THE
ATTORNEY GENERAL SHALL BRING AN ACTION FOR AN INJUNCTION
AGAINST ANY PERSON WHO VIOLATES ANY PROVISION OF THIS TITLE,
ANY RULE OR REGULATION ADOPTED UNDER THIS TITLE, OR ANY
ORDER OR PERMIT ISSUED BY THE BOARD OR THE DEPARTMENT UNDER
THIS TITLE.

(B)  BOARD FINDINGS.

IN ANY ACTION FOR AN INJUNCTION UNDER THIS SECTION, ANY
FINDING OF THE BOARD AFTER A HEARING IS PRIMA FACIE EVIDENCE
OF EACH FACT THE BOARD DETERMINES.

(C)  GROUNDS FOR INJUNCTION.

ON A SHOWING THAT ANY PERSON IS VIOLATING OR IS ABOUT
TO VIOLATE ANY ORDER OR PERMIT ISSUED BY THE BOARD OR THE
DEPARTMENT, A COURT SHALL GRANT AN INJUNCTION WITHOUT
REQUIRING A SHOWING OF A LACK OF AN ADEQUATE REMEDY AT LAW.

(D)  EMERGENCY.

IF AN EMERGENCY EXISTS THAT CREATES IMMINENT DANGER TO
THE PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, THE
ATTORNEY GENERAL AT THE REQUEST OF THE BOARD OR THE
DEPARTMENT MAY INSTITUTE A CIVIL ACTION FOR AN IMMEDIATE
INJUNCTION TO STOP ANY POLLUTION OR OTHER ACTIVITY THAT IS
CAUSING THE DANGER.

REVISOR'S NOTE: This section is new language patterned
after the provisions of NR § 8-1415 that apply to
this title.

The term "Board" is added to the references to
the Department, since the Board is the
appropriate unit of the Department that may take
action under this section.

In subsection (a) of this section, the phrase
"any rule or regulation adopted under this title"
is added to conform to the scope of § 21-505 of
this title.

21-404. ATTORNEY GENERAL RESPONSIBLE FOR CASES.

THE ATTORNEY GENERAL SHALL REPRESENT THIS STATE IN EACH
CASE THAT ARISES UNDER THIS TITLE, INCLUDING THE RECOVERY OF
PENALTIES.

REVISOR'S NOTE: This section is new language patterned
after NR § 8-1502.