27-524. Enforcement

A. When it appears that a person is violating or threatening to violate any provision of this article, or a rule, regulation or order made pursuant to this article, and such person fails or refuses, on notice by the commissioner, to desist from such violation or threat of violation, the commissioner may bring an action in the superior court where the offending person resides, or in the county in which violation is alleged to have occurred or is threatened, to restrain the person from continuing the violation or from carrying out a threat of violation.

B. The commissioner may without bond obtain a prohibitory or mandatory injunction, including a temporary restraining order and preliminary injunction, and, where appropriate, an injunction restraining defendant from moving or disposing of illegal oil or gas or illegal product. Upon filing the action, summons directed to such person may be delivered to the sheriff of any county in this state for service.

C. If the commissioner fails to bring action within ten days to enjoin a threatened or actual violation of any statute relating to conservation of oil and gas, or of any provision of this article, or a rule, regulation or order made pursuant to this article, any person or party in interest adversely affected by the threatened or actual violation who has notified the commissioner in writing thereof and requested the commissioner to file the action may bring the action in the superior court of any county in which the commissioner might have brought the action to prevent the threatened or actual violation. The commissioner shall be made a party to the action.

D. If the court orders that injunctive relief be granted, then the commissioner shall be substituted for the person who brought the action, and the injunction shall issue as if the commissioner had at all times been plaintiff.

E. The owner or operator is responsible for the full cost of plugging each dry or abandoned well. If the owner or operator fails to properly plug and abandon the well, the commission may:

1. Forfeit the bond and use the money for that purpose.

2. Sue the owner or operator for costs in excess of the amount of the bond and the owner or operator is liable for that amount.