19-6-309. Emergency provisions.
(1) (a) If the executive director has reason to believe any hazardous materials release that
occurred after March 18, 1985, is presenting a direct and immediate threat to public health or the
environment, the executive director may:
(i) issue an order requiring the owner or operator of the facility to take abatement action
within 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 to
take immediate abatement action.
(b) If the executive director determines the owner or operator cannot be located or is
unwilling or unable to take abatement action, the executive director may:
(i) reach an agreement with one or more potentially responsible parties to take abatement
action; or
(ii) use fund monies to investigate the release and take abatement action.
(2) The executive director may use monies from the fund created in Section 19-6-307:
(a) for abatement action even if an adjudicative proceeding or judicial review challenging
an 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 the
release 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
Download Code Section Zipped WordPerfect 19_06_030900.ZIP 2,292 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009