§42-270.Injunctive Relief
A.
Violation of Local Program. Whenever Henderson County has reasonable cause to believe that any person
is violating or threatening to violate any subpart, rule, regulation or order adopted or issued by Henderson
County, or any term, condition, or provision of an approved Erosion and Sedimentation Control Plan, it
may, either before or after the institution of any other action or proceeding authorized by this subpart,
institute a civil action in the name of the County, for injunctive relief to restrain the violation or threatened
violation. The action shall be brought in the superior court of the county in which the violation is occurring
or is threatened.
B.
Abatement of Violation. Upon determination by a court that an alleged violation is occurring or is
threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that
restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive
relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty
prescribed for violations of this subpart.