§ 143-215.6C. Enforcement procedures; injunctive relief. - North Carolina Statutes

§ 143‑215.6C. Enforcement procedures; injunctive relief.

Whenever the Department hasreasonable cause to believe that any person has violated or is threatening toviolate any of the provisions of this Part, any of the terms of any permitissued pursuant to this Part, or a rule implementing this Part, the Departmentmay, either before or after the institution of any other action or proceedingauthorized by this Part, request the Attorney General to institute a civilaction in the name of the State upon the relation of the Department forinjunctive relief to restrain the violation or threatened violation and forsuch other and further relief in the premises as the court shall deem proper.The Attorney General may institute such action in the superior court of thecounty in which the violation occurred or may occur or, in his discretion, inthe superior court of the county in which the person responsible for theviolation or threatened violation resides or has his or its principal place ofbusiness. Upon a determination by the court that the alleged violation of theprovisions of this Part or the regulations of the Commission has occurred or isthreatened, the court shall grant the relief necessary to prevent or abate theviolation or threatened violation. Neither the institution of the action norany of the proceedings thereon shall relieve any party to such proceedings fromany penalty prescribed for violation of this Part. For purposes of this sectionreferences to "this Part" include Part 1A of this Article and G.S.143‑355(k) relating to water use information. (1951, c. 606; 1967, c. 892,s. 1; 1973, c. 698, s. 12; c. 712, s. 2; c. 1262, s. 23; c. 1331, s. 3; 1975,c. 583, s. 7; c. 842, ss. 6, 7; 1977, c. 771, s. 4; 1979, c. 633, ss. 9‑11;1981, c. 514, s. 1; c. 585, s. 13; 1987, c. 217; c. 827, ss. 154, 164; 1989, c.426, s. 4; 1989 (Reg. Sess., 1990), c. 1045, s. 3; 2007‑536, s. 5.)