§342J-8  Emergency powers; procedures. (a)  Notwithstanding any other law to the contrary, if the governor or thedirector determines that the past or present handling, storage, treatment,transportation, or disposal of any hazardous waste or hazardous wasteconstituent may present an imminent and substantial endangerment to health orthe environment, the governor or the director, without a public hearing, maysecure or order such relief as may be necessary to abate the danger or threat. The order shall fix a place and time, not later than twenty-four hoursthereafter, for a hearing to be held before the director.  The governor or thedirector may also institute a civil action in any court of competentjurisdiction to secure such relief as may be necessary to abate the danger orthreat.

(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 §5; am L 1991, c 259, §9; am L 1995, c 201, §4]

 

Cross References

 

  Environmental response law, see chapter 128D.