42-3916. ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF. When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, permit, certificate, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code. The director shall have the further authority to seek a preliminary or permanent injunction, or both, or a temporary restraining order restraining any person from violating or attempting to violate the provisions of this chapter, of the rules adopted thereunder, or of the permits issued by the director and mandating any person to take action appropriate under the circumstances to correct any violation. In any such action the director need not show irreparable injury for the issuance of a preliminary or permanent injunction, or both, or a temporary restraining order.
History:
[42-3916, added 1984, ch. 155, sec. 17, p. 380; am. 1998, ch. 173, sec. 12, p. 611.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Section 42-3901 - GROUND WATER AS PUBLIC RESOURCE — PROTECTION.
Section 42-3902 - DEFINITIONS.
Section 42-3902A - PROHIBITION OF INJECTION OF HAZARDOUS WASTES AND OF RADIOACTIVE WASTES.
Section 42-3903 - DEEP INJECTION WELLS — CONSTRUCTION — MODIFICATION — USE — PERMIT REQUIRED.
Section 42-3903A - SHALLOW INJECTION WELLS — AUTHORIZATION FOR CONSTRUCTION AND USE.
Section 42-3905 - FEES — TRANSMITTED TO STATE TREASURER.
Section 42-3907 - DEPARTMENT OF WATER RESOURCES — PUBLIC NOTICE AND INVESTIGATION.
Section 42-3908 - PERMIT APPROVING CONSTRUCTION AND USE — CONDITIONS — REJECTION OF APPLICATION.
Section 42-3910 - CANCELLATION OF PERMIT — NOTICE — HEARING — REVIEW.
Section 42-3911 - FAILURE TO OBTAIN REQUIRED PERMIT OR SUBMIT REQUIRED INFORMATION — PENALTY.
Section 42-3912 - DRILLERS — MUST BE LICENSED — APPROVED PERMITS — CERTIFIED COPIES.
Section 42-3913 - MINIMUM STANDARDS — RULES AND REGULATIONS — ADOPTION.
Section 42-3914 - BOARD TO ESTABLISH STANDARDS.
Section 42-3915 - ADOPTION OF REGULATIONS.
Section 42-3916 - ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF.
Section 42-3917 - CIVIL PENALTIES — INJECTION OF HAZARDOUS AND RADIOACTIVE WASTES.
Section 42-3918 - CEASE AND DESIST ORDERS — INJECTION OF HAZARDOUS AND RADIOACTIVE WASTES.
Section 42-3919 - CRIMINAL PENALTY — WILLFUL VIOLATION — VIOLATION OF CEASE AND DESIST ORDER.