§ 23-23-8. Investigations — Orders.
(a) If any person is causing air pollution and if after investigation and hearing the
director shall so find, he or she may enter an order directing that person to adopt
or to use, or to operate properly, some practicable and reasonably available control
system or device or means to prevent the pollution, having due regard for the rights
and interests of all persons concerned. The order may specify the particular control
systems, device, or means to be adopted, used, or operated; provided, that where there
is more than one practical and reasonably available system or means, the order shall
give
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§ 23-23-8. Investigations — Orders.
(a) If any person is causing air pollution and if after investigation and hearing the
director shall so find, he or she may enter an order directing that person to adopt
or to use, or to operate properly, some practicable and reasonably available control
system or device or means to prevent the pollution, having due regard for the rights
and interests of all persons concerned. The order may specify the particular control
systems, device, or means to be adopted, used, or operated; provided, that where there
is more than one practical and reasonably available system or means, the order shall
give to the person complained of the right to adopt or use one of the systems or means
as he or she may choose. The order shall specify the time within which the system
or means shall be adopted or used or the operation of the system shall be commenced.
The time may be extended by the director in his or her discretion upon application
being made by the person, and the order may, upon application be modified in any other
particular. No order or modification of the order may be entered by the director deferring
compliance with a requirement of this chapter or the rules and regulations promulgated
under this chapter, unless the deferral is consistent with provisions and procedures
of the federal Clean Air Act, 42 U.S.C. § 7401 et seq.
(b) Where any order of the director does not specify the system or means to be adopted,
the person against whom the order is entered shall, before proceeding to install any
system, submit to the director a plan or statement describing the system or means
which he or she proposes to adopt. In the case where the person subsequently desires
to make any substantial change in the system or means adopted, he or she shall, before
proceeding to do so, file with the director a plan or statement describing the change.
The director may upon the application of any person at any time enter an order approving
the system or means which he or she has adopted or may desire to adopt. A copy of
each order entered by the director shall be sent to the person or persons affected
by either certified or registered mail, return receipt requested.