Legislation
SECTION 71-2505
Enforcement
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 25
§ 71-2505. Enforcement.
The attorney general, on his own initiative or at the request of the
commissioner, shall prosecute persons who violate article twenty-five.
In addition the attorney general, on his own initiative or at the
request of the commissioner, shall have the right to recover a civil
penalty of up to ten thousand dollars for every violation of any
provision of such article, and to seek equitable relief to restrain any
violation or threatened violation of such article and to require the
restoration of any affected tidal wetland or area immediately adjacent
thereto to its condition prior to the violation, insofar as that is
possible, within a reasonable time and under the supervision of the
commissioner. In the case of a continuing violation, each day's
continuance thereof shall be deemed a separate and distinct violation.
The attorney general, on his own initiative or at the request of the
commissioner, shall prosecute persons who violate article twenty-five.
In addition the attorney general, on his own initiative or at the
request of the commissioner, shall have the right to recover a civil
penalty of up to ten thousand dollars for every violation of any
provision of such article, and to seek equitable relief to restrain any
violation or threatened violation of such article and to require the
restoration of any affected tidal wetland or area immediately adjacent
thereto to its condition prior to the violation, insofar as that is
possible, within a reasonable time and under the supervision of the
commissioner. In the case of a continuing violation, each day's
continuance thereof shall be deemed a separate and distinct violation.