(1) In the event any person fails to comply with a final order of the division or the commission that is not subject to stay pending administrative or judicial review or in the event any person violates any emission control regulation of the commission, the requirements of the state implementation plan, or any provision of parts 1 to 4 of this article, including any term or condition contained in any permit required under this article, the division or the commission, as the case may be, may request the district attorney for the district in which the alleged violation occurs or the attorney general to bring, and if so requested it is his or her duty to bring, a suit for an injunction to prevent any further or continued violation.
(2) In any proceedings brought pursuant to this section to enforce an order of the division or the commission, a temporary restraining order or preliminary injunction, if sought, shall not issue if there is probable cause to believe that granting such temporary restraining order or preliminary injunction will cause serious harm to the affected person or any other person and:
That the alleged violation or activity to which the order pertains will not continue orbe repeated; or
That granting such temporary restraining order or preliminary injunction would bewithout sufficient corresponding public benefit.
(3) Notwithstanding any other provision in this section, no action for injunction may be taken where the source has obtained a renewable operating permit and conducts its operations in compliance with the permit terms, as provided in section 25-7-114.4 (3).
Source: L. 79: Entire article R&RE, p. 1044, § 1, effective June 20. L. 84: (1) and IP(2) amended, p. 775, § 12, effective July 1. L. 92: Entire section amended, p. 1220, § 22, effective July 1. L. 2016: (1) amended, (HB 16-1094), ch. 94, p. 268, § 16, effective August 10.