Emergency orders

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Upon receiving information that the operation, maintenance, or condition of an underground storage tank or the surrounding area may present a threat or a hazard to the health of persons or to the environment, or may present an actual or threatened violation of any provision of this chapter, or rule or regulation promulgated thereunder, the Commissioner may issue to the owner or operator an emergency order establishing reasonable and proper methods for the control of the activity, tank closure, removal of contaminated materials, and the management of substances in the tank or the surrounding area in order to reduce or eliminate the hazard or the violation. Such order shall become effective upon issuance. Any person to whom such order is directed shall comply therewith immediately but on application to the Commissioner shall be afforded a hearing within 48 hours. On the basis of such hearing, the Commissioner may continue such an order in effect, revoke it, or modify it.


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