1. Except as provided in subsection 2, the Department or the Authority, as applicable, may apply to any court of competent jurisdiction to enjoin any person, state agency or local governmental agency which has engaged in or is about to engage in any act which violates any provision of this chapter or the regulations adopted pursuant thereto. Such injunction may be issued without proof of actual damage sustained by any person.
2. The Department or the Authority, as applicable, shall not seek injunctive relief under this section if it has imposed a civil penalty for the same violation.