§ 49-511 – Violations; order of abatement
49-511. Violations; order of abatement A. When the control officer has reasonable cause to believe that any person has violated or is in violation of any provision of this article, any rule adopted pursuant to this article or any requirement of a permit issued pursuant to this article, the control officer may serve upon such […]
§ 49-512 – Violations; injunctive relief
49-512. Violations; injunctive relief The county attorney, at the request of the control officer, shall file an action for a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief provided by law, if the control officer has reasonable cause to believe that any of the following is occurring: 1. A person […]
§ 49-513 – Violations; civil penalties
49-513. Violations; civil penalties A. A person who violates any provision of this article, any permit or permit condition issued pursuant to this article, any fee or filing requirement, any rule adopted pursuant to this article, an effective order of abatement issued pursuant to this article or any duty to allow or carry out inspection, […]
§ 49-514 – Violation; classification; definition
49-514. Violation; classification; definition From and after October 31, 1994: A. A person who knowingly releases into the ambient air any extremely hazardous substance listed pursuant to 42 U.S.C. section 11002(a)(2) or any hazardous air pollutant and who knows at the time that he thereby places another person in imminent danger of death or serious […]
§ 49-515 – Precedence of actions
49-515. Precedence of actions For the benefit of the people of the state, court actions and proceedings brought under this article shall be given precedence and brought to trial ahead of other litigation concerning private interests and other matters that do not affect public health and welfare.
§ 49-516 – Preservation of rights
49-516. Preservation of rights It is the purpose of this article to provide additional and cumulative remedies to prevent, abate and control air pollution in the state. Except as prescribed by section 49-402, subsection C, nothing contained in this article shall be construed to abridge or alter rights of action or remedies in equity under […]
§ 49-491 – Conditional orders; standards; rules
49-491. Conditional orders; standards; rules A. The director may grant to any person a conditional order for each air pollution source which allows such person to vary from any provision of this article, any rule adopted pursuant to this article, or any requirement of a permit issued pursuant to this article if the control officer […]
§ 49-510 – Violations; production of records
49-510. Violations; production of records When the control officer has reasonable cause to believe that any person has violated or is in violation of any provision of this article, any rule adopted pursuant to this article or any requirement of a permit issued pursuant to this article, he may request, in writing, that such person […]
§ 49-492 – Petition for conditional order; publication; public hearing
49-492. Petition for conditional order; publication; public hearing A. A person who seeks a conditional order shall file a petition with the control officer. B. If the issuance of the conditional order requires a public hearing, the control officer shall set a hearing date within thirty days after the filing of the petition. The hearing […]
§ 49-493 – Decisions on petitions for conditional order; terms and conditions
49-493. Decisions on petitions for conditional order; terms and conditions A. Within thirty days after the conclusion of the hearing held pursuant to section 49-492, subsection B, or, if no hearing is held, within sixty days after the filing of the petition, the control officer shall deny the petition or grant the petition on such […]