Legislation
SECTION 71-0301
Summary abatement
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 3
§ 71-0301. Summary abatement.
Notwithstanding any inconsistent provisions of law, whenever the
commissioner finds, after investigation, that any person is causing,
engaging in or maintaining a condition or activity which, in his
judgment, presents an imminent danger to the health or welfare of the
people of the state or results in or is likely to result in irreversible
or irreparable damage to natural resources, and relates to the
prevention and abatement powers of the commissioner and it therefore
appears to be prejudicial to the interests of the people of the state to
delay action until an opportunity for a hearing can be provided, the
commissioner may, without prior hearing, order such person by notice, in
writing wherever practicable or in such other form as in the
commissioner's judgment will reasonably notify such person whose
practices are intended to be proscribed, to discontinue, abate or
alleviate such condition or activity, and thereupon such person shall
immediately discontinue, abate or alleviate such condition or activity.
As promptly as possible thereafter, not to exceed fifteen days, the
commissioner shall provide the person an opportunity to be heard and to
present proof that such condition or activity does not violate the
provisions of this section. The commissioner shall adopt any other
appropriate rules and regulations prescribing the procedure to be
followed in the issuance of such orders. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by this
section, or any rule, regulation or order promulgated by the
commissioner hereunder, shall be liable to a civil penalty of not more
than twenty-five hundred dollars for each such violation and an
additional penalty of not more than five hundred dollars for each day
during which such violation continues, and, in addition thereto, such
person may be enjoined from continuing such violation. Penalties and
injunctive relief provided herein shall be recoverable in an action
brought by the attorney general at the request and in the name of the
commissioner.
Notwithstanding any inconsistent provisions of law, whenever the
commissioner finds, after investigation, that any person is causing,
engaging in or maintaining a condition or activity which, in his
judgment, presents an imminent danger to the health or welfare of the
people of the state or results in or is likely to result in irreversible
or irreparable damage to natural resources, and relates to the
prevention and abatement powers of the commissioner and it therefore
appears to be prejudicial to the interests of the people of the state to
delay action until an opportunity for a hearing can be provided, the
commissioner may, without prior hearing, order such person by notice, in
writing wherever practicable or in such other form as in the
commissioner's judgment will reasonably notify such person whose
practices are intended to be proscribed, to discontinue, abate or
alleviate such condition or activity, and thereupon such person shall
immediately discontinue, abate or alleviate such condition or activity.
As promptly as possible thereafter, not to exceed fifteen days, the
commissioner shall provide the person an opportunity to be heard and to
present proof that such condition or activity does not violate the
provisions of this section. The commissioner shall adopt any other
appropriate rules and regulations prescribing the procedure to be
followed in the issuance of such orders. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by this
section, or any rule, regulation or order promulgated by the
commissioner hereunder, shall be liable to a civil penalty of not more
than twenty-five hundred dollars for each such violation and an
additional penalty of not more than five hundred dollars for each day
during which such violation continues, and, in addition thereto, such
person may be enjoined from continuing such violation. Penalties and
injunctive relief provided herein shall be recoverable in an action
brought by the attorney general at the request and in the name of the
commissioner.