2014 Idaho Statutes
Title 39 - HEALTH AND SAFETY
Chapter 1 - ENVIRONMENTAL QUALITY -- HEALTH
Section 39-112 - EMERGENCY -- ORDER -- HEARING -- MODIFICATION, AFFIRMANCE, OR SETTING ASIDE.
(2) In the absence of a generalized condition of air pollution of the type referred to in subsection (1) of this section, if the director finds that emissions from the operation of one (1) or more air contaminant sources is causing imminent and substantial danger to human health or safety the director may bring suit through the attorney general in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution. If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such civil action, the director may order the person or persons responsible for the operation or operations in question to reduce or discontinue emissions immediately without regard to other provisions of this act. In such event, the requirements for hearing and affirmance, modification or setting aside of an order set forth in subsection (1) of this section shall apply. For purposes of subsections (1) and (2) of this section, imminent and substantial endangerment or danger shall be interpreted no more broadly than these words are interpreted under section 303 of the clean air act, 42 USC 7603.
(3) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office.
History:
[39-112, added 1972, ch. 347, sec. 12, p. 1017; am. 2000, ch. 132, sec. 20, p. 334.]
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