§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.