The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 023 : Air Pollution Control

• § 560. Emergency procedure

  (a) Any other provisions of law to the contrary notwithstanding, if the Secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, with the concurrence of the Governor, the Secretary shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants and such order shall fix a place and time not later than 24 hours thereafter for a hearing to be held before the Director. Not more than 24 hours after the commencement of such hearing and without adjournment thereof, the Director shall affirm, modify or set aside the order.

  (b) In the absence of a generalized condition of air pollution of the type referred to in subsection (a) of this section, if the Secretary finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, the Director of Occupational Health may order the person or persons responsible for the operation or operations in question to reduce or discontinue emissions immediately, without regard to the provisions of section 559 of this title. In that event, the requirements for hearing and affirmance, modification, or setting aside of orders set forth in subsections 559(a) and (b) shall apply.

  (c) Nothing in this section shall be construed to limit any power that the Governor or any other officer may have to declare an emergency and act on the basis of such declaration. (Added 1967, No. 310 (Adj. Sess.), § 10; amended 1971, No. 205 (Adj. Sess.), § 6; 1971, No. 212 (Adj. Sess.), § 3.)