§ 70-0116 — Emergency authorization

§ 70-0116. Emergency authorization.\n 1. The department may waive the procedural requirements of this\narticle to issue an emergency authorization for an action which is\nimmediately necessary to respond to an emergency.\n 2. Emergency authorization may be given only if the department makes a\nfinding of emergency. Such emergency authorization may be issued for a\nterm not to exceed thirty days. It may be renewed for one term not to\nexceed thirty days. On or before sixty days from the department's\noriginal approval, the action must be concluded or the authorized party\nmust file with the department a complete application for a permit and be\nsubject to all the procedural requirements of this article.\n 3. The department must be notified prior to the commencement of the\naction. If circumstances warrant immediate action by a state or local\ngovernment agency such that prior notice to the department is not\npossible, then the department must be notified by that agency within\ntwenty-four hours after commencement of the action. In any event, the\ndepartment must respond by either granting or denying emergency\nauthorization within two business days of its receipt of such notice.\n 4. Actions taken pursuant to a grant of emergency authorization must\nbe carried out in a manner that will cause the least change,\nmodification or adverse impact to life, health, property or natural\nresources. The department may attach conditions to its emergency\nauthorizations and shall enforce them in order to assure compliance with\nthis and other regulatory standards that would apply to such actions\nabsent an emergency.\n 5. The department may require plans or any other information it deems\nnecessary to review the proposed action to determine whether emergency\nauthorization is warranted and whether the proposed action is consistent\nwith regulatory standards.\n 6. The department shall issue an order summarily suspending an action\ntaken before the grant of an emergency authorization if the department\nfinds that no emergency exists or the department shall issue an order\nsuspending an emergency authorization if the department finds that the\naction is no longer immediately necessary to protect life, health,\nproperty or natural resources. Such action shall be ceased immediately\nupon receipt of such order by the authorized party.\n 7. (a) Violations will be enforced pursuant to article seventy-one of\nthis chapter.\n (b) A person who violates any provision of this section or any term or\ncondition of an emergency authorization shall also be required to\nperform restoration, mitigation, or elimination of environmental damage,\nwhich is necessary as a direct result of that action. In the event that\nsuch person fails to undertake such work, the department or its agent\nmay enter upon the lands and waters where the action took place and\nperform restoration or other activities which may be necessary to\nmitigate or eliminate environmental damage caused by such action. Should\nthe department undertake such work, or cause it to be undertaken, the\nfull cost for it shall be charged to and become the responsibility of\nthe person who conducted the action.\n 8. The provisions of this section and the regulations promulgated\nhereunder shall apply notwithstanding any inconsistent provision of law.\n