12-E:14 Citizen Suits. –
I. Any person who is or may be aggrieved or has an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this chapter against any operator who is alleged to be in violation of this chapter, its regulations or any order or permit issued under this chapter.
II. No civil action may be commenced prior to 30 days after the plaintiff has notified the commissioner of the violation in writing and the commissioner fails to take any enforcement action under RSA 12-E:10 or 12-E:11.
III. The court, in issuing any final order in any action, may award costs of litigation including attorney and expert witness fees to any party whenever the court determines such award is appropriate.