260.230. Department may order repairs, alterations, construction or reconstruction, when--injunctive relief, when.
Department may order repairs, alterations, construction orreconstruction, when--injunctive relief, when.
260.230. 1. If the department finds that the storage,collection, transportation, processing or disposal of solidwastes subject to the provisions of sections 260.200 to 260.245is in violation of any rule or regulation adopted by thedepartment pursuant to sections 260.200 to 260.245 or mightreasonably be expected to cause pollution of the land, air, orwaters of the state or is creating a public nuisance or healthhazard, the department may order the person to alter its storage,collection, transportation, processing or disposal systems tocorrect such violation causing the health hazard, pollution, orpublic nuisance. Such order shall specify the length of time,after issuance of the order, within which the facility or areashall be repaired, altered, constructed or reconstructed. Inaddition, the director may revoke, or suspend, the permit for asolid waste disposal area or solid waste processing facility.
2. Whenever it appears to the department that any personhas engaged in, or is about to engage in, any acts or practicesthat have or will constitute violation of this law, or any ruleor regulation promulgated thereunder, the director may request,and it shall be the duty of the county prosecuting attorney, orthe attorney general, to bring an action in the circuit court toenjoin the acts or practices and to enforce compliance with thislaw or any rule or regulation promulgated thereunder. In anysuch action, the court may grant to the department suchprohibitory or mandatory injunctive relief as the facts maywarrant.
(L. 1972 S.B. 387 § 7, A.L. 1975 S.B. 98, A.L. 1986 S.B. 475, A.L. 1991 S.B. 45)