§342H-8  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 disposal of solid waste or any combination ofdischarges of other waste that requires immediate action, the governor or thedirector, without a public hearing, may order any person causing orcontributing to the disposal of solid waste or discharge of other waste toimmediately reduce or stop the disposal or discharge, and may take any and allother actions as may be necessary.  The order shall fix a place and time, notlater than twenty-four hours thereafter, for a hearing to be held before thedirector.

(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 §4; am L 1995, c 201, §3]

 

Cross References

 

  Environmental response law, see chapter 128D.