Whenever the Department finds that an emergency, as hereinabove defined, exists requiring immediate action to protect the public health, and safety the Department may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any other provision of law, such order shall be effective immediately.

Any person to whom such order is directed shall comply therewith immediately, but on application to the Department shall be afforded a hearing within thirty days. On the basis of such hearing, the emergency order shall be continued, modified or revoked within thirty days after such hearing.

Terms Used In South Carolina Code 13-7-200

  • Department: means the Department of Health and Environmental Control, including personnel authorized to act on behalf of the Department. See South Carolina Code 13-7-120
  • Emergency: means any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency and any condition existing within or outside of the jurisdictional confines of a facility licensed by the Department arising out of the handling or the transportation of radioactive waste, as hereinabove defined, which is endangering or could reasonably be expected to endanger the health and safety of the public, or to contaminate the environment. See South Carolina Code 13-7-120
  • Person: means any individual, public or private corporation, political subdivision, government agency, municipality, industry, partnership or any other entity whatsoever. See South Carolina Code 13-7-120