§342L-9  Emergency powers; procedures. 
(a)  Notwithstanding any other law to the contrary, if the governor or the
director determines that an imminent peril to human health and safety or the
environment is or will be caused by:



(1)  A release;



(2)  Any action taken in response to a release from an
underground storage tank or tank system; or



(3)  The installation or operation of an underground
storage tank or tank system;



that requires immediate action, the governor or the
director, without a public hearing, may order any person causing or
contributing to the peril to immediately reduce or stop the release or
activity, 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 §6; am L 1992, c 259, §11; am L 1995, c 201, §5]



 



Cross References



 



  Environmental response law, see chapter 128D.