Section 71-2727. Enforcement of articles 27 and 71 of this chapter  


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  • 1. The commissioner, after investigation, notice and an opportunity to
      be  heard, may issue, modify and revoke orders prohibiting violations of
      any of the provisions of article 27 or 71 or of any rule  or  regulation
      promulgated  pursuant  thereto and requiring the taking of such remedial
      measures as may be necessary or appropriate.
        2. The attorney general, on his own initiative, or at the  request  of
      the  commissioner,  may initiate any appropriate action or proceeding to
      enforce any provision of article 27 or 71  or  any  rule  or  regulation
      promulgated  pursuant  thereto  and any order issued or penalty assessed
      pursuant to this title.
        3. a. The commissioner, after investigation, notice and an opportunity
      to be heard, may issue, modify and revoke  orders  requiring  corrective
      action,  including  corrective action beyond the facility boundary where
      necessary to protect human health and the environment, for all  releases
      of  hazardous waste or constituents from any solid waste management unit
      at any treatment, storage or disposal facility which is either permitted
      or seeking a permit under title 7 or 9 of article 27  of  this  chapter,
      regardless of the time at which waste was placed in such unit.
        b.   Whenever  on  the  basis  of  any  information  the  commissioner
      determines that there is or has been a release  of  hazardous  waste  or
      constituents  into  the environment from a facility which has or has had
      interim status according to regulations adopted pursuant to title 7 or 9
      of article 27 of this chapter but which has not received a final  status
      permit pursuant to such regulations, the commissioner may issue an order
      requiring  corrective action or such other response measures as he deems
      necessary to protect human health or the environment.