§342D-10  Emergency powers; procedures.  (a)  Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by the discharge of waste, any combination of discharges of waste, or any management practice that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the discharge of waste to immediately reduce or stop the discharge, or to reduce, stop, or change the management practice, 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.  Management practices covered in this subsection are those for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution.

     (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 §2; am L 1995, c 180, §10 and c 201, §2; am L 1999, c 193, §6]

Cross References

  Environmental response law, see chapter 128D.