§ 10.56.140. Emergency measures—Hearings procedure.

A.

Any other provisions of law to the contrary notwithstanding, if the director finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the director shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants.

B.

Upon issuance of any such order, the director shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the board. Such hearing shall be held in conformity with the provisions of Section 10.56.120, insofar as applicable. Not more than twenty-four hours after the commencement of such hearing, and without adjournment thereof, the board shall affirm, modify or set aside the order of the director.

C.

In the absence of a generalized condition of air pollution of the type referred to in subsection A of this section, if the director finds that emissions from the operation of one or more air contaminant sources is causing or may tend to cause imminent danger to human health or safety, he may order the person responsible for the operation in question to reduce or discontinue operations immediately, without regard to the provisions of this chapter. In such event, the requirements for hearing affirmance, modification, or setting aside of orders set forth in subsection B of this section shall apply.

(Prior code § 4-1-24)