Section 24-714. Private right of action

(a)  Except  as  provided  in
  subdivision (c) of this section, any person may commence an action in  a
  court  of  competent  jurisdiction  on  his  or her own behalf against a
  responsible party of a facility for  failure  to  file  any  information
  required  to be filed with the department or fire department pursuant to
  section 24-706 of this chapter. Such action  shall  be  brought  in  the
  county  in which the alleged violation occurred or where the complainant
  resides. The court may impose the civil penalty provided  for  violation
  of this chapter.
    (b)  No  action may be commenced under subdivision (a) of this section
  prior to sixty days after the plaintiff has given notice of the  alleged
  violation  to the commissioner and the alleged violator. Notice required
  under this  subdivision  shall  be  given  in  such  manner  as  may  be
  prescribed by the commissioner.
    (c)   No  action  may  be  commenced  under  subdivision  (a)  if  the
  commissioner has commenced and is diligently pursuing an  administrative
  or  civil  action  concerning the facility which would be the subject of
  such action to enforce the reporting requirements of this chapter or  to
  impose any civil penalty for violation of such reporting requirements.
    (d)  The  court,  in  issuing  any  final order in any section brought
  pursuant to this section,  may  award  costs  of  litigation,  including
  reasonable  attorney's  and expert witness fees, to the prevailing party
  whenever the court determines such an award is appropriate.
    (e) In any action brought pursuant to this section, the  commissioner,
  may intervene as a matter of right.