Legislation
SECTION 21-0507
Enforcement proceedings
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 21, TITLE 5
§ 21-0507. Enforcement proceedings.
Whenever the interstate environmental commission shall be of the
opinion that any person, association or corporation, municipal or
otherwise, within the district is failing or omitting, or about to fail
or omit to do anything required of it by its order or by the laws
governing the control or elimination of pollution of the waters of the
district, or is doing or is about to do anything, or permitting or about
to permit anything to be done contrary to or in violation of such orders
or such laws, or the provisions of the compact, it may direct its legal
representative to commence an action or a proceeding in the name of the
interstate environmental commission in an appropriate court having
jurisdiction for the purpose of having such violations or threatened
violations stopped and prevented. Such an action or proceeding when
directed against any person, firm, association, corporation, municipal
or otherwise, within the state may be brought in the supreme court of
this state and the said court shall have and is hereby given the
necessary and appropriate jurisdiction to determine such action or
proceeding upon the merits and/or to grant any relief appropriate to the
case.
Whenever the interstate environmental commission shall be of the
opinion that any person, association or corporation, municipal or
otherwise, within the district is failing or omitting, or about to fail
or omit to do anything required of it by its order or by the laws
governing the control or elimination of pollution of the waters of the
district, or is doing or is about to do anything, or permitting or about
to permit anything to be done contrary to or in violation of such orders
or such laws, or the provisions of the compact, it may direct its legal
representative to commence an action or a proceeding in the name of the
interstate environmental commission in an appropriate court having
jurisdiction for the purpose of having such violations or threatened
violations stopped and prevented. Such an action or proceeding when
directed against any person, firm, association, corporation, municipal
or otherwise, within the state may be brought in the supreme court of
this state and the said court shall have and is hereby given the
necessary and appropriate jurisdiction to determine such action or
proceeding upon the merits and/or to grant any relief appropriate to the
case.