49-372
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49-372. Administrative director; enforcement A. A county may designate and authorize an administrative director for the program or plan prescribed by section 49-371 to perform enforcement duties. If the administrative director determines that a person is in violation of an ordinance, rule or regulation adopted pursuant to section 49-371 or a permit authorized pursuant to that section, the administrative director may take actions consistent with this article and section 49-261. B. A county that adopts ordinances, rules or regulations pursuant to section 49-371 may enforce those ordinances, rules or regulations as prescribed by sections 49-261, 49-262 and 49-263 for violations of this article as if this article were referenced in sections 49-261, 49-262 and 49-263 except for the following: 1. Appeals under section 49-261, subsection D shall be filed in the superior court. 2. Section 49-262, subsections F, G, H, I and J do not apply. 3. Any other section of statute prescribed in section 49-261, 49-262 or 49-263 does not apply. C. The county's attorney and the county's designated administrative director have the authority prescribed for the attorney general and the director of environmental quality, respectively, pursuant to sections 49-261, 49-262 and 49-263. D. Notwithstanding sections 49-262 and 49-263, penalties obtained pursuant to this article by a county shall be deposited into the county general fund. E. A county shall not receive civil penalties under this section if an interested person, the United States, this state or another political subdivision or agency of this state has received civil penalties or is diligently prosecuting a civil penalty action in a court of the United States or this state, or in an administrative enforcement proceeding, with respect to the same allegations, standard, requirement or order. This state, and any political subdivision or agency of this state that is or may be affected by a civil, judicial or administrative action, may intervene as a matter of right in any pending civil, judicial or administrative action for purposes of obtaining injunctive or declaratory relief. |