§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 environmental 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; am L 2014, c 218, §8]

Cross References

  Environmental response law, see chapter 128D.