§ 35-11-115 — Power of director to issue emergency orders

(a) Any other provisions of law to the contrary
notwithstanding, if the director finds that a condition of air,
water or land pollution exists and that it creates an emergency
requiring immediate action to protect human or animal health or
safety, the director, with the concurrence of the governor,
shall order any persons causing or contributing to such
pollution to reduce or discontinue immediately the actions
causing the condition of pollution and such order shall fix a
time and place for hearing before the council within forty-eight
(48) hours thereafter. The council shall affirm, modify or set
aside the director's order within forty-eight (48) hours
following the adjournment of the hearing.
(b) If the director has evidence that any pollution source
presents an immediate and substantial danger to human or animal
health or safety, he may institute, through the attorney
general, a civil action for immediate injunctive relief to halt
any activity causing the danger. The court may issue an ex-parte
order and shall schedule a hearing on the matter within three
(3) working days from the date the petition for injunctive
relief is filed.
(c) 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 declaration,
if such power is conferred by statute or constitutional
provision or inheres in the office.