§ 23-22.5-5 - Orders to cease operating – Relief in equity.
SECTION 23-22.5-5
§ 23-22.5-5 Orders to cease operating– Relief in equity. – (a) When the director of environmental management or any of his or her dulyauthorized agents deems it necessary in the interest of public safety to causeany of the facilities mentioned in § 23-22.5-4 to cease operating, he orshe may do so by serving written notice upon the owner or manager of thesefacilities; provided, that before that notice is given, the owner or managershall have been given an opportunity to show cause why the business should notcease operating. Written notice to cease operating the business shall remain ineffect until the director of environmental management or any of his or her dulyauthorized agents serves further notice permitting the resumption of operationof that business. The director of environmental management may obtain relief ina court of equity whenever that relief shall be necessary in the properperformance of his or her duty under this chapter.
(b) Notwithstanding any situation referred to in subsection(a), whenever the director or any of his or her duly authorized agentsdetermines that an emergency situation exists which poses an imminent threat topublic health or safety, he or she may issue an order mandating the immediateclosure of the facility. The owner or manager of the facility shall be affordedan opportunity to be heard within ten (10) days of the order to show cause whythe facility should be allowed to reopen.
(c) The director may obtain relief in a court of equity whenthat relief shall be necessary in the proper performance of his or her dutyunder this chapter.