49-465

49-465. Air pollution emergency

A. If the director determines that air pollution in any area constitutes or may
constitute an emergency risk to the health of those in the area or that national ambient
air quality standards are likely to be exceeded, such determination shall be communicated
to the governor. The governor may, by proclamation, declare that an emergency exists and
may prohibit, restrict or condition the following:

1. Motor vehicle traffic.

2. The operation of retail, commercial, manufacturing, governmental, industrial, or
similar activity.

3. Operation of incinerators.

4. The burning or other consumption of fuels.

5. The burning of any materials whatsoever.

6. Any and all other activity which contributes or may contribute to the emergency.

B. If the governor declares that an emergency exists pursuant to subsection A, the
governor shall prohibit, restrict or condition the employment schedules for employees of
this state and its political subdivisions, and on a voluntary basis only, may encourage
private employers to develop similar work rules to restrict vehicle emissions during air
quality emergencies. Any unscheduled leave that an employee of this state or its
political subdivisions is required to take because of the prohibition, restriction or
condition shall be leave with pay.

C. Orders of the governor shall be enforced by the department and the state and
local police and air pollution enforcement personnel forces. Those authorized to enforce
the orders may use reasonable force required in the enforcement of the orders, and may
take reasonable steps required to assure compliance, including but not limited to the
following:

1. Enter upon any property or establishment believed to be violating the order and,
if a request does not produce compliance, cause compliance with such order.

2. Stopping, detouring, rerouting, and prohibiting vehicle traffic.

3. Disconnecting incinerator or other types of combustion facilities.