ยง342B-43 - Emergency powers; procedures.
ยง342B-43ย Emergency powers; procedures.ย
(a)ย Notwithstanding any other law to the contrary, if the governor or
the director determines that an imminent peril to the public health and safety
is or will be caused by the release of any air pollutant or combination of air
pollutants that requires immediate action, the governor or the director,
without a public hearing, may order any person causing or contributing to the
release of the air pollutant to immediately reduce or stop the release, and may
take any and all other actions as may be necessary.ย The order shall fix a
place and time, not later than twenty-four hours thereafter, for a hearing to
be held before the director.
(b)ย Nothing in this section shall be construed
to limit any power which the governor or any other officer may have to declare
an emergency and act on the basis of such a declaration, if such power is
conferred by statute or constitutional provision, or inheres in the office. [L
1992, c 240, pt of ยง1; am L 1993, c 261, ยงยง2, 4; am L 1995, c 201, ยง1]
Cross References
ย Environmental response law, see chapter 128D.
ย Hawaii emergency planning and community right-to-know act,
see chapter 128E.