(a) When the Division of Environmental Quality or its successor finds that an emergency exists requiring immediate action to protect the public health or welfare it may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as it deems necessary to meet the emergency.
(b) Notwithstanding the provisions of §§ 8-4-218 and 8-4-219, the order shall be effective immediately.
(c) Any person to which the order is directed shall comply immediately but, on application to the Arkansas Pollution Control and Ecology Commission, shall be afforded a hearing within ten (10) days after receipt of a written request therefor.
(d) On the basis of the hearing, the commission shall continue the order in effect, revoke it, or modify it.
Structure Arkansas Code
Chapter 4 - Arkansas Water and Air Pollution Control Act
Subchapter 2 - Water Pollution
§ 8-4-201. Powers and duties of division and commission generally
§ 8-4-203. Permits generally — Definitions
§ 8-4-204. Permits — Revocation
§ 8-4-206. State water pollution control agency — General authority
§ 8-4-207. State water pollution control agency — Powers and duties generally
§ 8-4-208. State water pollution control agency — Administration of permit program generally
§ 8-4-210. Investigations and hearings generally
§ 8-4-212. Adjudicatory hearings and orders
§ 8-4-213. Conclusiveness of commission actions
§ 8-4-214. Service of notice, orders, etc
§ 8-4-215. Intergovernmental cooperation
§ 8-4-216. Information and inspections
§ 8-4-218. Violations of chapter, orders, rules, etc. — Hearings — Notice
§ 8-4-219. Violations of chapter, orders, rules, etc. — Hearings — Conduct
§ 8-4-220. Violation of chapter, orders, rules, etc. — Order of division without hearing
§ 8-4-221. Violations of chapter, orders, rules, etc. — Hearing — Orders
§ 8-4-222. Appeals — Entitlement
§ 8-4-226. Appeal — Response by commission and record
§ 8-4-227. Appeal — Review by circuit court
§ 8-4-228. Appeal — Stay of proceedings
§ 8-4-229. Appeals, proceedings, etc. — Presumptions
§ 8-4-230. Temporary variances and interim authority
§ 8-4-231. Effectiveness of regulations, rules, or orders
§ 8-4-232. Nutrient water quality trading programs — Definition
§ 8-4-233. Nutrient Water Quality Trading Advisory Panel — Creation — Members — Duties