§ 113A-65. Injunctive relief.

NORTH CAROLINA STATUTES AND CODES

§ 113A‑65. Injunctive relief.

(a) Violation of State Program. Whenever the Secretary hasreasonable cause to believe that any person is violating or is threatening toviolate the requirements of this Article he may, either before or after theinstitution of any other action or proceeding authorized by this Article,institute a civil action for injunctive relief to restrain the violation orthreatened violation. The action shall be brought in the superior court of thecounty in which the violation or threatened violation is occurring or about tooccur, and shall be in the name of the State upon the relation of theSecretary.

(b) Violation of Local Program. Whenever the governing body ofa local government having jurisdiction has reasonable cause to believe that anyperson is violating or is threatening to violate any ordinance, rule,regulation, or order adopted or issued by the local government pursuant to thisArticle, or any term, condition or provision of an erosion and sedimentationcontrol plan over which it has jurisdiction, may, either before or after theinstitution of any other action or proceeding authorized by this Article,institute a civil action in the name of the local government for injunctiverelief to restrain the violation or threatened violation. The action shall bebrought in the superior court of the county in which the violation is occurringor is threatened.

(c) Abatement, etc., of Violation. Upon determination by acourt that an alleged violation is occurring or is threatened, the court shallenter any order or judgment that is necessary to abate the violation, to ensurethat restoration is performed, or to prevent the threatened violation. Theinstitution of an action for injunctive relief under subsections (a) or (b) ofthis section shall not relieve any party to the proceeding from any civil orcriminal penalty prescribed for violations of this Article. (1973, c. 392, s. 16; 1993 (Reg. Sess., 1994), c. 776, s. 13; 2002‑165,s. 2.14.)