Code Section

Health and Safety Code - HSC

DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406]

  ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. )
  

PART 14. MEDICAL WASTE [117600 - 118360]

  ( Part 14 added by Stats. 1995, Ch. 415, Sec. 6. )
  

CHAPTER 10. Enforcement [118325 - 118345]
  ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. )

  
118325.  

(a) (1) An enforcement agency, district attorney, county counsel, city attorney, or city prosecutor may bring an action to enjoin the violation, or threatened violation, of this part or the regulations adopted pursuant to this part, in the superior court in the county where the violation occurred or is about to occur. Any proceeding under this section shall be in accordance with Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the enforcement agency, district attorney, county counsel, city attorney, or city prosecutor is not required to allege facts necessary to show or tending to show the lack of an adequate remedy at law or irreparable damage or loss.

(2) If a county counsel or the district attorney brings an action pursuant to paragraph (1), the county counsel or the district attorney shall, within seven days of the filing of the action, notify the district attorney or county counsel, as applicable, of the county where the violation occurred or is about to occur.

(b) With respect to any action brought pursuant to this section alleging actual violation of this part or the regulations adopted pursuant to this part, the court shall, if it finds the allegations to be true, issue its order enjoining the continuance of the violation.

(Amended by Stats. 2023, Ch. 154, Sec. 15. (SB 642) Effective January 1, 2024.)