Legislation
SECTION 71-1719
Summary action
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 17
§ 71-1719. Summary action.
Whenever the commissioner, after investigation, is of the opinion that
any person is causing, engaging in or maintaining a condition or
activity which in his opinion constitutes danger to the health of the
people, and that it therefore appears to be prejudicial to the interest
of the people to delay action for fifteen days until an opportunity for
a hearing can be provided in accordance with the provisions of section
71-1709, the commissioner shall order the person, including any state
agency or political subdivision having jurisdiction, by written notice
to discontinue such dangerous condition or activity or take certain
action immediately or within a specified period of less than fifteen
days. As promptly as possible thereafter, within not to exceed fifteen
days, the commissioner shall provide the person an opportunity to be
heard and to present any proof that such condition or activity does not
constitute a danger to the health of the people. This section shall
apply only to enforcement of the provisions of this chapter listed in
section 71-1701, and of titles 17 through 21 inclusive of this article.
Whenever the commissioner, after investigation, is of the opinion that
any person is causing, engaging in or maintaining a condition or
activity which in his opinion constitutes danger to the health of the
people, and that it therefore appears to be prejudicial to the interest
of the people to delay action for fifteen days until an opportunity for
a hearing can be provided in accordance with the provisions of section
71-1709, the commissioner shall order the person, including any state
agency or political subdivision having jurisdiction, by written notice
to discontinue such dangerous condition or activity or take certain
action immediately or within a specified period of less than fifteen
days. As promptly as possible thereafter, within not to exceed fifteen
days, the commissioner shall provide the person an opportunity to be
heard and to present any proof that such condition or activity does not
constitute a danger to the health of the people. This section shall
apply only to enforcement of the provisions of this chapter listed in
section 71-1701, and of titles 17 through 21 inclusive of this article.