§342D-10  Emergency powers; procedures. (a)  Notwithstanding any other law to the contrary, if the governor or thedirector determines that an imminent peril to the public health and safety isor will be caused by the discharge of waste, any combination of discharges ofwaste, or any management practice that requires immediate action, the governoror the director, without a public hearing, may order any person causing orcontributing to the discharge of waste to immediately reduce or stop thedischarge, or to reduce, stop, or change the management practice, and may takeany and all other actions as may be necessary.  The order shall fix a place andtime, not later than twenty-four hours thereafter, for a hearing to be heldbefore the director.  Management practices covered in this subsection are thosefor domestic sewage, sewage sludge, and recycled water, whether or not thepractices cause water pollution.

(b)  Nothing in this section shall be construedto limit any power which the governor or any other officer may have to declarean emergency and act on the basis of such declaration, if such power isconferred by statute or constitutional provision, or inheres in the office. [L1989, 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.