38-14.1-40. Citizen suits

38-14.1-40. Citizen suits 1. Any person having an interest which is or may be adversely affected may commence a civil action on the person's own behalf to compel compliance with this chapter, or any regulation, order, or permit issued pursuant to this chapter: a. Against any person or any governmental instrumentality or agency who is alleged to be in violation of any regulation, order, or permit issued pursuant to this chapter; or b. Against the commission when there is alleged a failure of the commission to perform any act or duty under this chapter which is not discretionary with the commission. 2. Notice of the violation must be given to the commission and to any alleged violator sixty days before commencement of an action under subdivision a of subsection 1. Notice of the commencement of an action under subdivision b of subsection 1 must be given to the commission in such manner as the commission shall prescribe by regulation sixty days before commencement of such action, except that such action may be brought immediately after notification if the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff. 3. No action may be commenced if the commission has commenced and is diligently prosecuting a civil action to require compliance with the provisions of this chapter, or any regulation, order, or permit issued pursuant to this chapter. In any such action, any person with an interest which is or may be adversely affected may intervene as a matter of right. 4. Any person who is injured in person or property through the violation by any operator or permittee of any rule, order, or permit issued pursuant to this chapter may bring an action for damages, including reasonable attorney's and expert witness fees, or for temporary or permanent equitable relief. This subsection does not affect the rights established by or limits imposed under the state workforce safety and insurance laws. 5. Any action brought under this section may be brought only in the district court in which the surface coal mining operation complained of is located. The commission, if not a party, may intervene in any such action as a matter of right. 6. Nothing in this section restricts any right which any person or class of persons may have under any statute or common law to seek enforcement of any of the provisions of this chapter and the regulations thereunder, or to seek any other relief, including relief against the commission.