§ 4006.2. Emergency procedure
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 4006.2
§ 4006.2. Emergency procedure
(a) Any other provision of law to the contrary notwithstanding, if the department finds, in accordance with the rules and regulations of the board adopted under the provisions of clause (5) of section 51 of this act, that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the department, with the concurrence of the Governor, shall order or direct persons causing or contributing to the air pollution to immediately reduce or discontinue the emission of air contaminants.
(b) In the absence of a generalized condition of air pollution, if the department finds that emissions from the operation of one or more air contamination sources are creating an imminent danger to human health or safety, the department may, without regard to the provisions of section 4 of this act,2 order the persons responsible for the operation of the air contamination sources in question to immediately reduce or discontinue the emission of air contaminants.
(c) An order issued under subsection (a) or (b) of this section shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the hearing board. Within twenty-four hours after the commencement of such hearing, and without adjournment thereof, the hearing board shall affirm, modify or set aside the order of the department.
Credits
1960, Jan. 8, P.L. (1959) 2119, § 6.2, added 1972, Oct. 26, P.L. 989, No. 245, § 6, imd. effective. Amended 1992, July 9, P.L. 460, No. 95, § 8, imd. effective.
35 P.S. § 4006.2, PA ST 35 P.S. § 4006.2
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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