§ 1268 - Emergency permits
§ 1268. Emergency permits
When a discharge permit holder finds that pollution abatement facilities require repairs, replacement or other corrective action in order for them to continue to meet standards specified in the permit, he may apply in the manner specified by the secretary for an emergency pollution permit for a term sufficient to effect repairs, replacements or other corrective action. The permit may be issued without prior public notice if the nature of the emergency will not provide sufficient time to give notice; provided that the secretary shall give public notice as soon as possible but in any event no later than five days after the effective date of the emergency pollution permit. No emergency pollution permit shall be issued unless the applicant certifies and the secretary finds that:
(1) there is no present, reasonable alternative means of disposing of the waste other than by discharging it into the waters of the state during the limited period of time of the emergency;
(2) the denial of an emergency pollution permit would work an extreme hardship upon the applicant;
(3) the granting of an emergency pollution permit will result in some public benefit;
(4) the discharge will not be unreasonably harmful to the quality of the receiving waters;
(5) the cause or reason for the emergency is not due to wilful or intended acts or omissions of the applicant. (Added 1981, No. 222 (Adj. Sess.), § 25.)