§ 23-19.1-16 - Emergency powers.
SECTION 23-19.1-16
§ 23-19.1-16 Emergency powers. – Notwithstanding any other provision of this chapter, the director, upon findingthat the storage, transportation, treatment, or disposal of any hazardouswaste, or any other activity with respect to the wastes, presents an imminenthazard to the public health and safety, or to the environment, may, withoutprior notice or hearing, take any action as the director deems necessary toprotect the public health and safety, or the environment. The action mayinclude, but shall not be limited to, the following:
(1) Issuing orders directing the hazardous waste generator ortransporter or operator of the hazardous waste management facility, or anyother person who is the custodian of the waste, which constitutes the hazard,to take any steps as the director shall deem necessary to prevent the act or toeliminate the condition which constitutes the hazard. The action may include,with respect to a facility or site, temporary cessation of operation, and/or anorder for the removal of the hazardous substance from the site. Any orderissued under this section without notice and prior hearing shall be effectiveno longer than forty-five (45) days, provided, that for good cause shown theorder may be extended one additional period of up to forty-five (45) days;and/or
(2) Obtaining injunction relief or other order from superiorcourt.