§342J-8  Emergency powers; procedures. 
(a)  Notwithstanding any other law to the contrary, if the governor or the
director determines that the past or present handling, storage, treatment,
transportation, or disposal of any hazardous waste or hazardous waste
constituent 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 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 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 such relief as 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 such declaration, if such power is
conferred by statute or constitutional provision, or inheres in the office. [L
1989, 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.