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

(1)  A release;

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

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

that requires immediate action, the governor or thedirector, without a public hearing, may order any person causing orcontributing to the peril to immediately reduce or stop the release oractivity, and may take any and all other actions as may be necessary.  Theorder 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 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 is conferredby statute or constitutional provision, or inheres in the office. [L 1989, c212, pt of §6; am L 1992, c 259, §11; am L 1995, c 201, §5]

 

Cross References

 

  Environmental response law, see chapter 128D.