(1) Except with respect to emergency orders issued pursuant to sections 25-7-112 and 25-7-113, and delayed compliance orders issued pursuant to section 25-7-118, any person to whom an order has been issued by the division or the commission, or against whom an adverse determination has been made, may petition the commission or the district court for the district in which is located the air pollution source affected, as appropriate, for a stay of the effectiveness of such order or determination.
Such petitions may be filed prior to any such order or determination becoming finalor during any period in which such order or determination is under judicial review.
Such stay shall be granted if there is probable cause to believe:
That the movant will suffer irreparable harm if the motion is denied;
That there will be no irreparable harm to human health, welfare, or the environmentif the motion is granted; and
That the movant will succeed on the merits of its case.
(4) Such order shall be stayed pending a final determination of the petition.
Source: L. 92: Entire section added, p. 1223, § 25, effective July 1.