Section 643.090

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 643

Effective - 28 Aug 1992   

  643.090.  Generalized condition, emergency risk, what action taken — nongeneralized condition, cease and desist order — injunctive relief, priority in court. — 1.  If the commission or the director finds that a generalized condition of the ambient air due to meteorological conditions and a buildup of air contaminants in any portion of this state constitutes or may constitute an emergency risk to the public health, safety or welfare of those in the area, the commission or the director shall declare that an emergency exists and may, with the written approval of the governor, by order prohibit, restrict or condition all sources of air contaminants contributing to the emergency condition during such periods of time necessary to alleviate or lessen the effects of the emergency condition.  The commission shall adopt rules and regulations to implement this subsection.  Orders issued pursuant to this subsection shall be enforced by the commission and the state and local police and local air conservation enforcement personnel.  Those authorized to enforce such orders may take such reasonable steps as are required to assure compliance therewith.

  2.  In the absence of a generalized condition of air contaminants as referred to in subsection 1 of this section, and notwithstanding other provisions of this or any other law to the contrary, if the commission or the director determines that any person is engaging or may engage in any activity involving a significant risk of air contamination or is discharging or causing to be discharged into the ambient air, directly or indirectly, any air contaminant, and such activity or discharge constitutes a clear and present danger to the public health or public welfare or the environment, the commission or the director shall issue a written cease and desist order to said person to discontinue immediately such activity or discharge; provided, however, the commission may countermand such order of the director.  If such person, notwithstanding such order, continues the activity or discharge of such contaminants into the atmosphere, the commission or the director shall cause to be filed by the attorney general or other counsel in the name of this state, suit for a temporary restraining order, temporary injunction, and permanent injunction.  Any such action shall be given precedence over all other matters pending in the circuit courts.

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(L. 1965 p. 335 § 8, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544)