Emergency procedure

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  • (a) Any other provisions of law to the contrary not withstanding, if the Commissioner finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the Commissioner, with the concurrence of the Governor, shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants. Upon issuance of any such order the Commissioner shall fix a place and time, not later than twenty-four (24) hours thereafter, for a hearing to be held before the Commissioner. Not more than twenty-four (24) hours after the commencement of such hearing, and without adjournment thereof, the Commissioner shall affirm, modify, or set aside his previous determination.

  • (b) In the absence of a generalized condition of air pollution of the type referred to in subsection (a) of this section, but if the Commissioner finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, he may order the person or persons responsible for the operation or operations in question to reduce or discontinue emissions immediately, without regard to the provisions of section 209 of this chapter. In such event, the requirements for hearing and affirmance, modification or setting aside of orders set forth in subsection (a) shall apply.

  • (c) 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 provisions, or inherent in the office.


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