36-495.10. Operation of unlicensed laboratory; cease and desist order; injunction; letter
A. The operation or maintenance of an environmental laboratory that does not hold a current or valid license or that exceeds the range of the services or tests authorized by a license issued pursuant to this chapter is a public nuisance. The director, in addition to other remedies provided in this chapter, may issue a cease and desist order pursuant to section 36-601 or, in the name of the people of this state, through the attorney general, may bring an action for an injunction to restrain the violation or to enjoin the future operation or maintenance of the environmental laboratory until the laboratory complies with the provisions of this chapter.
B. Before issuing a cease and desist order or bringing an action for injunction pursuant to this section, the department may issue a certified letter to a licensed or unlicensed facility in which it states the factual basis for the department's belief that the laboratory is operating in violation of this chapter or rules adopted pursuant to this chapter. The department may include within the letter the enforcement options available to the department if the violations continue.