Section 70-0116. Emergency authorization

1.  The  department  may  waive  the  procedural  requirements of this
  article to issue an emergency  authorization  for  an  action  which  is
  immediately necessary to respond to an emergency.
    2. Emergency authorization may be given only if the department makes a
  finding  of  emergency. Such emergency authorization may be issued for a
  term not to exceed thirty days. It may be renewed for one  term  not  to
  exceed  thirty  days.  On  or  before  sixty  days from the department's
  original approval, the action must be concluded or the authorized  party
  must file with the department a complete application for a permit and be
  subject to all the procedural requirements of this article.
    3.  The  department  must be notified prior to the commencement of the
  action. If circumstances warrant immediate action by a  state  or  local
  government  agency  such  that  prior  notice  to  the department is not
  possible, then the department must be notified  by  that  agency  within
  twenty-four  hours  after  commencement of the action. In any event, the
  department  must  respond  by  either  granting  or  denying   emergency
  authorization within two business days of its receipt of such notice.
    4.  Actions  taken pursuant to a grant of emergency authorization must
  be  carried  out  in  a  manner  that  will  cause  the  least   change,
  modification  or  adverse  impact  to  life, health, property or natural
  resources.  The  department  may  attach  conditions  to  its  emergency
  authorizations and shall enforce them in order to assure compliance with
  this  and  other  regulatory  standards that would apply to such actions
  absent an emergency.
    5. The department may require plans or any other information it  deems
  necessary  to  review the proposed action to determine whether emergency
  authorization is warranted and whether the proposed action is consistent
  with regulatory standards.
    6. The department shall issue an order summarily suspending an  action
  taken  before  the grant of an emergency authorization if the department
  finds that no emergency exists or the department shall  issue  an  order
  suspending  an  emergency authorization if the department finds that the
  action is no longer  immediately  necessary  to  protect  life,  health,
  property  or  natural resources. Such action shall be ceased immediately
  upon receipt of such order by the authorized party.
    7. (a) Violations will be enforced pursuant to article seventy-one  of
  this chapter.
    (b) A person who violates any provision of this section or any term or
  condition  of  an  emergency  authorization  shall  also  be required to
  perform restoration, mitigation, or elimination of environmental damage,
  which is necessary as a direct result of that action. In the event  that
  such  person  fails  to undertake such work, the department or its agent
  may enter upon the lands and waters where  the  action  took  place  and
  perform  restoration  or  other  activities  which  may  be necessary to
  mitigate or eliminate environmental damage caused by such action. Should
  the department undertake such work, or cause it to  be  undertaken,  the
  full  cost  for  it shall be charged to and become the responsibility of
  the person who conducted the action.
    8. The provisions of this  section  and  the  regulations  promulgated
  hereunder shall apply notwithstanding any inconsistent provision of law.