§ 23-23-8 - Investigations – Orders.
SECTION 23-23-8
§ 23-23-8 Investigations – Orders.– (a) If any person is causing air pollution and if after investigation andhearing the director shall so find, he or she may enter an order directing thatperson to adopt or to use, or to operate properly, some practicable andreasonably available control system or device or means to prevent thepollution, having due regard for the rights and interests of all personsconcerned. The order may specify the particular control systems, device, ormeans to be adopted, used, or operated; provided, that where there is more thanone practical and reasonably available system or means, the order shall give tothe person complained of the right to adopt or use one of the systems or meansas he or she may choose. The order shall specify the time within which thesystem or means shall be adopted or used or the operation of the system shallbe commenced. The time may be extended by the director in his or her discretionupon application being made by the person, and the order may, upon applicationbe modified in any other particular. No order or modification of the order maybe entered by the director deferring compliance with a requirement of thischapter or the rules and regulations promulgated under this chapter, unless thedeferral is consistent with provisions and procedures of the federal Clean AirAct, 42 U.S.C. § 7401 et seq.
(b) Where any order of the director does not specify thesystem or means to be adopted, the person against whom the order is enteredshall, before proceeding to install any system, submit to the director a planor statement describing the system or means which he or she proposes to adopt.In the case where the person subsequently desires to make any substantialchange in the system or means adopted, he or she shall, before proceeding to doso, file with the director a plan or statement describing the change. Thedirector may upon the application of any person at any time enter an orderapproving the system or means which he or she has adopted or may desire toadopt. A copy of each order entered by the director shall be sent to the personor persons affected by either certified or registered mail, return receiptrequested.