§342J-56 - Emergency powers; procedures.
[§342J-56] Emergency powers;
procedures. (a) Notwithstanding any other law to the contrary, if the
governor or the director determines that the past or present handling of any
used oil or used oil fuel may present an imminent and substantial endangerment
to health or the environment, the governor or the director, without a public
hearing, may secure or order relief that may be necessary to abate the danger
or threat. The order shall fix a place and time, not later than twenty-four
hours thereafter, for a hearing to be held before the director. The governor
or the director may also institute a civil action in any court of competent
jurisdiction to secure any relief that may be necessary to abate the danger or
threat.
(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 the declaration, if the power is conferred
by statute or constitutional provision, or inheres in the office. [L 1996, c
82, pt of §1]