Section 71-0301. Summary abatement

Notwithstanding  any  inconsistent  provisions  of  law,  whenever the
  commissioner finds, after investigation, that  any  person  is  causing,
  engaging  in  or  maintaining  a  condition  or  activity  which, in his
  judgment, presents an imminent danger to the health or  welfare  of  the
  people of the state or results in or is likely to result in irreversible
  or   irreparable  damage  to  natural  resources,  and  relates  to  the
  prevention and abatement powers of the  commissioner  and  it  therefore
  appears to be prejudicial to the interests of the people of the state to
  delay  action  until  an  opportunity for a hearing can be provided, the
  commissioner may, without prior hearing, order such person by notice, in
  writing  wherever  practicable  or  in  such  other  form  as   in   the
  commissioner's   judgment  will  reasonably  notify  such  person  whose
  practices are intended  to  be  proscribed,  to  discontinue,  abate  or
  alleviate  such  condition  or activity, and thereupon such person shall
  immediately discontinue, abate or alleviate such condition or  activity.
  As  promptly  as  possible  thereafter,  not to exceed fifteen days, the
  commissioner shall provide the person an opportunity to be heard and  to
  present  proof  that  such  condition  or  activity does not violate the
  provisions of this section.   The commissioner  shall  adopt  any  other
  appropriate  rules  and  regulations  prescribing  the  procedure  to be
  followed in the issuance of such orders. Any person who violates any  of
  the  provisions  of,  or  who  fails to perform any duty imposed by this
  section,  or  any  rule,  regulation  or  order   promulgated   by   the
  commissioner  hereunder,  shall be liable to a civil penalty of not more
  than  twenty-five  hundred  dollars  for  each  such  violation  and  an
  additional  penalty  of  not more than five hundred dollars for each day
  during which such violation continues, and, in  addition  thereto,  such
  person  may  be  enjoined  from continuing such violation. Penalties and
  injunctive relief provided herein shall  be  recoverable  in  an  action
  brought  by  the  attorney general at the request and in the name of the
  commissioner.