19-2-112. Generalized condition of air pollution creating emergency -- Sources
causing imminent danger to health -- Powers of executive director -- Declaration of
emergency.
(1) (a) Title 63G, Chapter 4, Administrative Procedures Act, and any other provision of
law to the contrary notwithstanding, if the executive 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 executive director, with the concurrence of the governor, shall order persons
causing or contributing to the air pollution to reduce or discontinue immediately the emission of
air contaminants.
(b) The order shall fix a place and time, not later than 24 hours after its issuance, for a
hearing to be held before the governor.
(c) Not more than 24 hours after the commencement of this hearing, and without
adjournment of it, the governor shall affirm, modify, or set aside the order of the executive
director.
(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 air
contaminant sources is causing imminent danger to human health or safety, the executive director
may commence adjudicative proceedings under Section 63G-4-502.
(b) Notwithstanding Section 19-1-301, the executive director may conduct the
emergency 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 to
declare an emergency and act on the basis of that declaration.
Amended by Chapter 377, 2009 General Session
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Last revised: Thursday, May 28, 2009