North Carolina § 130A-18 - Injunction.

§ 130A-18. Injunction.

If a person shall violate any provision of this Chapter, the rules adopted by the Commission or rules adopted by a local board of health, or a condition or term of a permit or order issued under this Chapter, the Secretary or a local health director may institute an action for injunctive relief, irrespective of all other remedies at law, in the superior court of the county where the violation occurred or where a defendant resides. The Secretary of Environmental Quality and a local health director shall have the same rights enumerated in subsection (a) of this section to enforce the provisions of Articles 9 and 10 of this Chapter. History (1983, c. 891, s. 2; 1997-443, s. 11A.61; 2001-474, s. 20; 2006-255, s. 13.4; 2007-550, s. 2(a); 2011-145, s. 13.3(ss); 2015-241, s. 14.30(v).) Effect of Amendments. - Session Laws 2006-255, s. 13.4, effective August 23, 2006, inserted "Part 4 of Article 5 and" near the end of subsection (b). Session Laws 2007-550, s. 2, effective August 1, 2007, and applicable to violations that occur on or after that date, in subsection (a), made a stylistic change, and inserted "or a condition or term of a permit or order issued under this Chapter." Session Laws 2011-145, s. 13.3(ss), effective July 1, 2011, substituted "Articles 9 and 10" for "Part 4 of Article 5 and Articles 8, 9, 10, 11, and 12" in subsection (b). Session Laws 2015-241, s. 14.30(v), effective July 1, 2015, substituted "Secretary of Environmental Quality" for "Secretary of Environment and Natural Resources" in subsection (b). Opinions of Attorney General As to North Carolina prohibition of the dumping of waste materials such as bags of medical refuse, especially that which may be hazardous or infectious, into the Atlantic Ocean, the authority of North Carolina with respect to dumping beyond three miles in the ocean which results in wastes entering State waters or being deposited on the State shores and the extent State law applies to such events and what departments are responsible for enforcing such laws. See opinion of Attorney General to Mr. Robert B. Jordan, III, Lieutenant Governor, 58 N.C.A.G. 57 (1988).