§ 4995. Civil enforcement
(a) The Secretary may bring an action in the Civil Division of the Superior Court to enforce
the requirements of this chapter, or rules adopted under this chapter, or any permit
or certification issued under this chapter, to ensure compliance and to obtain penalties
in the amounts described in subsection (b) of this section. The action shall be brought
by the Attorney General in the name of the State.
(b) The court may grant temporary and permanent injunctive relief and may:
(1) Enjoin future activities.
(2) Order corrective actions to be taken to mitigate or curtail any violation and to protect
human health or the environment, including a requirement that the owner or operator
of a farm sell or otherwise remove livestock from the farm or production area when
the volume of wastes produced by livestock exceeds the infrastructure capacity of
the farm or its production area to manage the waste or waste leachate to prevent runoff
or leaching of wastes to waters of the State or groundwater as required by the standards
in this chapter.
(3) Order the design, construction, installation, operation, or maintenance of facilities
designed to mitigate or prevent a violation of this chapter or to protect human health
or the environment or designed to ensure compliance.
(4) Fix and order compensation for any public or private property destroyed or damaged.
(5) Revoke coverage under any permit or certification issued under this chapter.
(6) Order reimbursement from any person who caused governmental expenditures for the investigation,
abatement, mitigation, or removal of a hazard to human health or the environment.
(7) Levy a civil penalty as provided in this subdivision. A civil penalty of not more
than $85,000.00 may be imposed for each violation. In addition, in the case of a continuing
violation, a penalty of not more than $42,500.00 may be imposed for each day the violation
continues. In fixing the amount of the penalty, the court shall apply the criteria
set forth in subsections (e) and (f) of this section. The cost of collection of penalties
or other monetary awards shall be assessed against and added to a penalty assessed
against a respondent.
(c)(1) In any civil action brought under this section in which a temporary restraining order
or preliminary injunction is sought, relief shall be obtained upon a showing that
there is the probability of success on the merits and that:
(A) a violation exists; or
(B) a violation is imminent and substantial harm is likely to result.
(2) In a civil action brought under this section in which a temporary restraining order
or preliminary injunction is sought, the Secretary need not demonstrate immediate
and irreparable injury, loss, or damage.
(d) Any balancing of the equities in actions under this section may affect the time by
which compliance shall be attained but not the necessity of compliance within a reasonable
period of time.
(e)(1) In determining the amount of the penalty provided in subsection (b) of this section,
the court shall consider the following:
(A) the degree of actual or potential impact on public health, safety, welfare, and the
environment resulting from the violation;
(B) the presence of mitigating circumstances, including unreasonable delay by the Secretary
in seeking enforcement;
(C) whether the respondent knew or had reason to know the violation existed;
(D) the respondent’s record of compliance;
(E) the deterrent effect of the penalty;
(F) the State’s actual costs of enforcement; and
(G) the length of time the violation has existed.
(2) In determining the amount of the penalty provided in subsection (b) of this section,
the court may consider additional relevant factors.
(f) In addition to any penalty assessed under subsection (b) of this section, the Secretary
may also recapture economic benefit resulting from a violation. (Added 2015, No. 64, § 17; amended 2021, No. 105 (Adj. Sess.), § 147, eff. July 1, 2022.)