19-2-112 - Generalized condition of air pollution creating emergency -- Sources causing imminent danger to health -- Powers of executive director -- Declaration of emergency.
19-2-112. Generalized condition of air pollution creating emergency -- Sourcescausing imminent danger to health -- Powers of executive director -- Declaration ofemergency.
(1) (a) Title 63G, Chapter 4, Administrative Procedures Act, and any other provision oflaw to the contrary notwithstanding, if the executive director finds that a generalized condition ofair pollution exists and that it creates an emergency requiring immediate action to protect humanhealth or safety, the executive director, with the concurrence of the governor, shall order personscausing or contributing to the air pollution to reduce or discontinue immediately the emission ofair contaminants.
(b) The order shall fix a place and time, not later than 24 hours after its issuance, for ahearing to be held before the governor.
(c) Not more than 24 hours after the commencement of this hearing, and withoutadjournment of it, the governor shall affirm, modify, or set aside the order of the executivedirector.
(2) (a) In the absence of a generalized condition of air pollution referred to in Subsection(1), but if the executive director finds that emissions from the operation of one or more aircontaminant sources is causing imminent danger to human health or safety, the executive directormay commence adjudicative proceedings under Section 63G-4-502.
(b) Notwithstanding Section 19-1-301, the executive director may conduct theemergency adjudicative proceeding in place of an administrative law judge.
(3) Nothing in this section limits any power that the governor or any other officer has todeclare an emergency and act on the basis of that declaration.
Amended by Chapter 377, 2009 General Session