Oregon Statutes - Chapter 468B - Water Quality - Section 468B.142 - Order compelling compliance with rules; injunction; security not required; attorney fees.

(1) The Department of Environmental Quality may apply to any circuit court for an order compelling compliance with any rule adopted by the Environmental Quality Commission under ORS 468B.141. If the court finds that the defendant is not complying with any rule so adopted, the court shall grant an injunction requiring compliance. The court, on motion and affidavits, may grant a preliminary injunction ex parte upon such terms as are just.

(2) The department need not give security before the issuance of an injunction under this section.

(3) The court may award reasonable attorney fees and costs to the department if the department prevails in an action under this section. [2007 c.696 §6]

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Last modified: August 7, 2008