New Hampshire Revised Statutes 147-A:13 – Imminent Hazard
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Notwithstanding any other provision of this chapter, the department, upon receipt of information that the generation, storage, treatment, transportation, or disposal of any waste may present an imminent and substantial hazard to human health or to the environment, may take action as it determines to be necessary to protect human health or the environment. The action the department may take includes, but is not limited to:
I. Issuing an order directing the owner or operator of a hazardous waste facility or the custodian of waste constituting a hazard to take necessary steps to eliminate the hazard. The department may order the permanent or temporary cessation of operations at a facility. Orders of the department issued under this section shall be effective immediately. Any person to whom an order is directed shall immediately comply, but may appeal the order to the waste management council in accordance with the provisions of this chapter.
II. Contracting for and supervising the cleanup of a hazardous waste spill which the department determines is an imminent hazard, except as provided in N.H. Rev. Stat. § 154:7. The department may take action as necessary to prevent damage to human health or the environment; or
III. Requesting the attorney general to bring an action for injunctive relief, including a mandatory injunction.
I. Issuing an order directing the owner or operator of a hazardous waste facility or the custodian of waste constituting a hazard to take necessary steps to eliminate the hazard. The department may order the permanent or temporary cessation of operations at a facility. Orders of the department issued under this section shall be effective immediately. Any person to whom an order is directed shall immediately comply, but may appeal the order to the waste management council in accordance with the provisions of this chapter.
Terms Used In New Hampshire Revised Statutes 147-A:13
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
II. Contracting for and supervising the cleanup of a hazardous waste spill which the department determines is an imminent hazard, except as provided in N.H. Rev. Stat. § 154:7. The department may take action as necessary to prevent damage to human health or the environment; or
III. Requesting the attorney general to bring an action for injunctive relief, including a mandatory injunction.