61-28-07. Proceedings

61-28-07. Proceedings

Any proceeding under this chapter for issuance or modification of rules, including

emergency orders relating to control of water pollution or for determining compliance with or

violation of this chapter, or adoption of any rule or order under this chapter by the department,

must be conducted in accordance with chapter 28-32. Any person claiming to be aggrieved or

adversely affected by actions taken, or by any rule or order issued under this chapter may

request a hearing by the department. There is a right of appeal to the district court from any

adverse ruling by the department. Where an emergency exists requiring immediate action to

protect the quality of water for legitimate uses and the public health and welfare, the

department, without further notice or hearing, may issue an order reciting the existence of the

emergency and requiring that such immediate action be taken as is necessary to meet this

emergency. Notwithstanding this chapter, the order is effective immediately. Any person to

whom the order is directed shall comply immediately, but on application to the department must

be afforded a hearing before the department within ten days. On the basis of that hearing, the

emergency order must be continued, modified, or revoked within thirty days after the hearing. In

the alternative, upon receipt of evidence that a pollution source or combination of sources is

presenting an imminent and substantial endangerment to the health of persons or to the welfare

of persons where the endangerment to welfare is to the livelihood of those persons, or upon

receipt of evidence that pollution causes or threatens to cause a continuing violation of water

quality standards in a manner that substantially interferes with or causes long-term or

irreparable harm to waters of this state that the department determines has statewide or

regional significance or has a substantial impact to a local community, the department may bring

suit on behalf of the state in the district court for the county in which the violation is taking place

to immediately restrain any person causing or contributing to the alleged pollution to stop the

discharge of pollutants causing or contributing to the pollution, or to otherwise enjoin any

pollution causing a substantial water quality violation as described in this section, or to take

such other action as may be necessary.