Section 46.03.820. Emergency powers.

   (a) When the department finds, after investigation, that a person is causing, engaging in, or maintaining a condition or activity that, in the judgment of its commissioner presents an imminent or present danger to the health or welfare of the people of the state or would result in or be likely to result in irreversible or irreparable damage to the natural resources or environment, and it appears to be prejudicial to the interests of the people of the state to delay action until an opportunity for a hearing can be provided, the department may, without prior hearing, order that person by notice to discontinue, abate, or alleviate the condition or activity. The proscribed condition or activity shall be immediately discontinued, abated, or alleviated.
   (b) Upon receipt of an order of the department made under (a) of this section, the person affected has the right to be heard and to present proof to the department that the condition or activity does not constitute an actual or potential source of irreversible or irreparable damage to the natural resources or environment of the state, or that the order may constitute a substantial private hardship.
   (c) In the commissioner's discretion or upon application made by the recipient of an order within 15 days of receipt of the order, the department shall schedule a hearing at the earliest possible time.  The hearing shall be scheduled within five days of the receipt of the application.  The submission of an application or the scheduling of a hearing does not stay the operation of the department's order issued under (a) of this section.
   (d) After a hearing the department may affirm, modify, or set aside the order.  An order affirmed, modified, or set aside after hearing is subject to judicial review as provided in AS 44.62.560.  The order is not stayed pending judicial review unless the commissioner so directs.  If an order is not immediately complied with, the attorney general, upon request of the commissioner, shall seek enforcement of the order.
   (e) The department may adopt additional regulations prescribing the procedure to be followed in the issuance of emergency orders.

Authorities

44.64.030;46.03.850;46.14.290

Notes

Implemented As

18 AAC 60.260

References

18 AAC 53.150
AS 44.64.030 Jurisdiction of the office.
AS 46.03.850 Compliance order.
AS 46.14.290 Permit as shield.

History

(Sec. 3 ch 120 SLA 1971)