Section 45-9-72 - Failure of board to enjoin violation of law, rule, regulation, or order on request ofperson adversely affected--Action for injunction by affected person, board a partydefendant, bond - South Dakota Statutes

45-9-72. Failure of board to enjoin violation of law, rule, regulation, or order on request of person adversely affected--Action for injunction by affected person, board a party defendant, bond unnecessary. If the Board of Minerals and Environment shall fail to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any rule, regulation, or order of the board within ten days after receipt of written request to do so by any person who is or will be adversely affected by such violation, the person making such request may bring suit in his own behalf to restrain such violation or threatened violation in any court in which the board might have brought suit. The board shall be made a party defendant in such suit in addition to the person violating or threatening to violate a provision of this chapter, or rule, regulation, or order of the board, and the action shall proceed and injunctive relief may be granted to the board without bond in the same manner as if suit had been brought by the board.

Source: SDC Supp 1960, § 42.0715 (2) as enacted by SL 1961, ch 211, § 1.