19-6-309 - Emergency provisions.
19-6-309. Emergency provisions.
(1) (a) If the executive director has reason to believe any hazardous materials release thatoccurred after March 18, 1985, is presenting a direct and immediate threat to public health or theenvironment, the executive director may:
(i) issue an order requiring the owner or operator of the facility to take abatement actionwithin the time specified in the order; or
(ii) bring suit on behalf of the state in the district court to require the owner or operator totake immediate abatement action.
(b) If the executive director determines the owner or operator cannot be located or isunwilling or unable to take abatement action, the executive director may:
(i) reach an agreement with one or more potentially responsible parties to take abatementaction; or
(ii) use fund money to investigate the release and take abatement action.
(2) The executive director may use money from the fund created in Section 19-6-307:
(a) for abatement action even if an adjudicative proceeding or judicial review challengingan order or a decision to take abatement action is pending; and
(b) to investigate a suspected hazardous materials release if he has reason to believe therelease may present a direct and immediate threat to public health.
(3) This section takes precedence over any conflicting provision in this part.
Amended by Chapter 30, 1992 General Session