Violation of chapter, orders, rules, etc. — Order of division without hearing

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  1. (a) When the Division of Environmental Quality or its successor finds that an emergency exists requiring immediate action to protect the public health or welfare it may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as it deems necessary to meet the emergency.

  2. (b) Notwithstanding the provisions of §§ 8-4-218 and 8-4-219, the order shall be effective immediately.

  3. (c) Any person to which the order is directed shall comply immediately but, on application to the Arkansas Pollution Control and Ecology Commission, shall be afforded a hearing within ten (10) days after receipt of a written request therefor.

  4. (d) On the basis of the hearing, the commission shall continue the order in effect, revoke it, or modify it.


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