2006 Utah Code - 19-2-112 — Generalized condition of air pollution creating emergency -- Sources causing imminent danger to health -- Powers of executive director -- Declaration of emergency.

     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 63, Chapter 46b, 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) 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, he may commence adjudicative proceedings under Section 63-46b-20.
     (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.

Renumbered and Amended by Chapter 112, 1991 General Session