HRS §342B-43
Emergency powers for urgent air pollution
This section lets the governor or director act fast to stop an urgent air pollution release that threatens public health. They can order the polluter to reduce or stop the release without a hearing first, but must hold a hearing within 24 hours. It does not limit other emergency powers.
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The statute, as written — Emergency powers; procedures
(a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by the release of any air pollutant or combination of air pollutants that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the release of the air pollutant to immediately reduce or stop the release, and may take any and all other actions as may be necessary. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director. (b) 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 a declaration, if such power is conferred by statute or constitutional provision, or inheres in the office.
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