§342H-8  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 disposal of solid waste or any combination of
discharges of other waste that requires immediate action, the governor or the
director, without a public hearing, may order any person causing or
contributing to the disposal of solid waste or discharge of other waste to
immediately reduce or stop the disposal or discharge, 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.



(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 §4; am L 1995, c 201, §3]



 



Cross References



 



  Environmental response law, see chapter 128D.