45-1062. Cease and desist order; temporary cease and desist order; hearings; injunctive relief

A. If the director has reason to believe that a person is violating or has violated any provision of this chapter, a permit or order issued pursuant to this chapter or a rule adopted to carry out the purpose of this chapter, the director may give the person written notice that the person may appear and show cause at an administrative hearing at least thirty days after the date of service of the notice why the person should not be ordered to cease and desist from the violation. The notice shall inform the person of the date, time and place of the hearing and the consequences of failure to appear.

B. Notwithstanding subsection A of this section, if the director finds that a person is withdrawing, diverting or using water in violation of any provision of this chapter, a permit or order issued pursuant to this chapter or a rule adopted to carry out the purposes of this chapter, the director may issue a temporary order for the person to cease and desist the withdrawal, diversion or use pending final action by the director pursuant to subsection C of this section. The order shall include written notice to the person of the date and time when and place where the person may appear at an administrative hearing to show cause why the temporary order should be vacated. The hearing shall be held within fifteen days after the date of the order unless the person consents to a longer period.

C. The decision and order of the director under subsections A and B of this section may take such form as the director determines to be reasonable and appropriate and may include a determination of violation, a cease and desist order, the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected may seek judicial review of the final decision of the director as provided in section 45-114, subsection B in the superior court in the county in which the violation is alleged to have occurred.

D. If the person continues the violation after the director has issued a final decision and order pursuant to subsection C of this section or a temporary order pursuant to subsection B of this section, the director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.

E. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section.