Tennessee § 68-201-109 - Emergency stop orders for air contaminant sources — Hearings.

§ 68-201-109. Emergency stop orders for air contaminant sources — Hearings.

Any other law to the contrary notwithstanding, if the commissioner finds that emissions from the operation of one (1) or more air contaminant sources are causing imminent danger to human health and safety, the commissioner may, with the approval of the governor, order the person or persons responsible for the operation or operations in question, or the person or persons causing or contributing to the air pollution, to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a place and time, not later than twenty-four (24) hours thereafter, for a hearing to be held before the commissioner. Not more than twenty-four (24) hours after the commencement of such hearing, and without adjournment thereof, the commissioner shall affirm, modify or set aside the commissioner's previous order. The commissioner shall cause a transcript to be made of the proceedings in any such hearing, copies of which shall be made available to all parties affected, at a reasonable cost. Acts 1967, ch. 367, § 9; T.C.A., § 53-3416; Acts 1984, ch. 788, § 9; T.C.A., § 68-25-109 . Compiler's Notes. Former title 68, ch. 25, parts 1 and 2 were transferred to title 68. ch. 201, parts 1 and 2 in 1992. See the parallel reference table in § 68-201-101 for the former and new section locations. Textbooks. Tennessee Jurisprudence, 14 Tenn. Juris., Health, § 1. Collateral References. Necessity of showing scienter, knowledge, or intent, in prosecution for violation of air pollution or smoke control statute or ordinance. 46 A.L.R.3d 758. Right to maintain action to enjoin public nuisance as affected by existence of pollution control agency. 60 A.L.R.3d 665.