§ 143-215.94Y. Enforcement procedures; injunctive relief. - North Carolina Statutes

§ 143‑215.94Y.  Enforcement procedures;injunctive relief.

Whenever the Department has reasonable cause to believe that any personhas violated or is threatening to violate any of the provisions of this Part,any of the terms of any permit issued pursuant to this Part, or a ruleimplementing this Part or has failed to comply with the requirements of G.S.143B‑279.9 through G.S. 143B‑279.11, the Department may, eitherbefore or after the institution of any other action or proceeding authorized bythis Part, request the Attorney General to institute a civil action in the nameof the State upon the relation of the Department for injunctive relief torestrain the violation or threatened violation and for such other and furtherrelief in the premises as the court shall deem proper. The Attorney General mayinstitute such action in the superior court of the county in which theviolation occurred or may occur or, in his discretion, in the superior court ofthe county in which the person responsible for the violation or threatenedviolation resides or has his or its principal place of business. Upon adetermination by the court that the alleged violation of the provisions of thisPart, the rules of the Commission, or the failure to comply with therequirements of G.S. 143B‑279.9 through G.S. 143B‑279.11 hasoccurred or is threatened, the court shall grant the relief necessary toprevent or abate the violation or threatened violation. Neither the institutionof the action nor any of the proceedings thereon shall relieve any party tosuch proceedings from any penalty prescribed for violation of this Part or forfailure to comply with the requirements of G.S. 143B‑279.9 through G.S.143B‑279.11. (1995, c. 377, s. 3; 2002‑90,s. 7.)