§ 24-714 Private right of action.
AC § 24-714
(a)Except as provided in subdivision (c) of this section, any person may commence an action in a court of competent jurisdiction on his or her own behalf against a responsible party of a facility for failure to file any information required to be filed with the department or fire department pursuant to section 24-706 of this chapter. Such action shall be brought in the county in which the alleged violation occurred or where the complainant resides. The court may impose the civil penalty provided for violation of this chapter.
(b)No action may be commenced under subdivision (a) of this section prior to sixty days after the plaintiff has given notice of the alleged violation to the commissioner and the alleged violator. Notice required under this subdivision shall be given in such manner as may be prescribed by the commissioner.
(c)No action may be commenced under subdivision (a) if the commissioner has commenced and is diligently pursuing an administrative or civil action concerning the facility which would be the subject of such action to enforce the reporting requirements of this chapter or to impose any civil penalty for violation of such reporting requirements.
(d)The court, in issuing any final order in any section brought pursuant to this section, may award costs of litigation, including reasonable attorney's and expert witness fees, to the prevailing party whenever the court determines such an award is appropriate.
(e)In any action brought pursuant to this section, the commissioner, may intervene as a matter of right. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026.
