§ 30-39. Emergency powers of the director.

(a)

Notwithstanding any other provision of the Air Quality Control Act (NMSA 1978, § 74-2-1 et seq.), this article or any regulation of the board, if the director of the department determines that a source or combination of sources present an imminent and substantial endangerment to the public health or welfare or to the environment, the director may bring suit in the district court for the county to restrain immediately any person causing or contributing to the alleged air pollution to stop the emission of air contaminants causing or contributing to such air pollution or to take such other action as may be necessary.

(b)

If it is not practicable to ensure prompt protection of the public health or welfare or the environment by commencement of a civil action, the director may issue orders necessary to protect the public health or welfare or the environment. An order shall be effective for a period of not more than 24 hours, unless the director brings a civil action before the expiration of the 24 hours. If the director brings an action within that time, the order shall be effective thereafter for 48 hours or for such longer period as may be authorized by the court pending litigation.

(Ord. No. 94-5, § 10, 2-2-94)

State law reference

Similar provisions, NMSA 1978, § 74-2-10.