Current through the 2024 Legislative Session
Section 489:11 - ComplianceI. The following shall constitute noncompliance with this chapter: (a) Failure to comply with this chapter or any rule adopted or permit issued under this chapter.(b) Failure to comply with an order of the commissioner issued relative to this chapter or any rule adopted or permit issued under this chapter.(c) Misrepresentation by any person of a material fact made in connection with any application filed under this chapter or any permit issued under this chapter.II. The permittee shall be responsible for ensuring that all work done under the permit complies with the permit and all other applicable requirements. Any person who performs work under an integrated land development permit shall comply with the permit and all other applicable requirements.III. The department may issue a written order to any person in noncompliance with this chapter as specified in paragraph I to cease any continuing noncompliance and to remediate or restore any land or water areas affected by the noncompliance.IV. Any noncompliance with this chapter as specified in paragraph I may be enjoined by the superior court upon application of the attorney general.V. Any person who knowingly fails to comply with this chapter as specified in paragraph I shall be subject to all remedies available under law in the applicable affected programs. For purposes of this paragraph, a permit issued under this chapter shall constitute a permit issued under each of the applicable affected programs.Amended by 2017, 156:143, eff. 7/1/2017.Amended by 2014, 156:1, eff. 6/30/2014.Added by 2013, 270:1, eff. 1/1/2015, but later changed to 1/1/2017. 2013, 270:1, eff. July 1, 2017.