§ 10-20-3 - Civil actions – Environmental advocate – Notice – Intervention.
SECTION 10-20-3
§ 10-20-3 Civil actions –Environmental advocate – Notice – Intervention. – (a) Any city or town may maintain an action in a court of competentjurisdiction against any person to enforce, or to restrain the violation of,any environmental quality standard which is designed to prevent or minimizepollution, impairment, or destruction of the environment.
(b) Except in those instances where the conduct complained ofconstitutes a violation of an environmental quality standard which establishesa more specific standard for the control of pollution, impairment, ordestruction of the environment, any city or town may maintain an action in anycourt of competent jurisdiction for declaratory and equitable relief againstany other person for the protection of the environment, or the interest of thepublic therein, from pollution, impairment, or destruction.
(c) Within the department of attorney general there shall bean environmental advocate, to be appointed by the attorney general from amongthe assistant and special assistant attorneys general.
(d) The environmental advocate shall perform the followingduties:
(1) Maintain and/or intervene in civil actions authorized bythis chapter.
(2) Review periodically the procedures and environmentalquality standards established by the state, or any instrumentality, agency, orsubdivision thereof to carry out the provisions of this chapter.
(3) Review complaints of persons and investigate those whichappear to constitute a violation of environmental quality standards, or anyprovision of this chapter.
(4) Investigate and report to the director or person incharge of any state agency, instrumentality, or political subdivision anyoccurrences, conditions, or practices with respect to procedures, personnel,environmental quality standards, or facilities, which reflect inadequacies withreference to the provisions of this chapter.
(5) To take all possible action, including but not limited toprograms of public education, legislative advocacy, and formal legal action, tosecure and insure compliance with the provisions of this chapter and anypromulgated environmental quality standards.
(e) No action may be commenced by a city or town pursuant tothis act unless the municipality seeking to commence the suit shall, at leastsixty (60) days prior to the commencement thereof, direct a written notice ofthe intention by certified mail to the environmental advocate, the appropriateenvironmental control agency or agencies, the governing body of themunicipality in which the alleged conduct has or is likely to occur, and to theintended defendant; provided, however, that if the plaintiff can show thatimmediate and irreparable damage will probably result, the court may waive theforegoing requirement of notice.
(f) In any action maintained under this section, theenvironmental advocate may intervene as a matter of right and may appointoutside counsel where as a result of the intervention he or she may representconflicting or adverse interests. Other interested parties may be permitted tointervene on such terms as the court may deem just and equitable in order toeffectuate the purposes and policies set forth in § 10-20-1.