N.Y. Environmental Conservation Law § 71-1311: Injunction against violations

§ 71-1311. Injunction against violations.

1. Whenever it appears that any person is violating or threatening to

violate any provision of article 23 of this chapter or is committing any

offense described in section 71-1305 of this title, the department,

acting by the Attorney General, may bring suit against such person in

any court of competent jurisdiction to restrain such person from

continuing such violation or from carrying out the threat of violation.

In any such suit, the court shall have jurisdiction to grant to the

department without bond or other undertaking, such prohibitory or

mandatory injunctions as the facts may warrant, including temporary

restraining orders and preliminary injunctions.

2. If the department, acting by the Attorney General, shall fail to

bring suit to enjoin a violation or threatened violation of any

provision of article 23, or any rule, regulation, or order of the

department made pursuant hereto, within ten days after receipt of

written request to do so by any person who is or will be adversely

affected by such violation, the person making such request may bring

suit in his own behalf to restrain such violation or threatened

violation in any court in which the department might have brought suit.

The department shall be made a party in such suit in addition to the

person violating or threatening to violate a provision of article 23, or

a rule, regulation, or order of the department, and the action shall

proceed and injunctive relief may be granted to the department without

bond, or other undertaking in the same manner as if suit had been

brought by the department.