§342D-10  Emergency powers; procedures. 
(a)  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 discharge of waste, any combination of discharges of
waste, or any management practice that requires immediate action, the governor
or the director, without a public hearing, may order any person causing or
contributing to the discharge of waste to immediately reduce or stop the
discharge, or to reduce, stop, or change the management practice, and may take
any and all other actions as may be necessary.  The order shall fix a place and
time, not later than twenty-four hours thereafter, for a hearing to be held
before the director.  Management practices covered in this subsection are those
for domestic sewage, sewage sludge, and recycled water, whether or not the
practices cause water pollution.



(b)  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 declaration, if such power is
conferred by statute or constitutional provision, or inheres in the office. [L
1989, c 212, pt of §2; am L 1995, c 180, §10 and c 201, §2; am L 1999, c 193, §6]



 



Cross References



 



  Environmental response law, see chapter 128D.