R307-135-6. Injunctive Relief  


Latest version.
  • (1) In accordance with Sections 19-2-116 and 117, the director may seek injunctive relief:

    (a) in cases of imminent and substantial endangerment to human health and environment;

    (b) where a Local Education Agency's non-compliance will significantly undermine the intent of the AHERA regulations; and

    (c) for violations including, but not limited to:

    (i) failure or refusal to make a management plan available to the public without cost or restriction;

    (ii) failure or refusal to conduct legally sufficient air monitoring following a response action; or

    (iii) the initiation of a response action without accredited personnel; or

    (d) to restrain any violation of Title 19, Chapter 2 or R307 or any final order issued by the director when it appears to be necessary for the protection of health or welfare.