§ 49-118 – Notice of violation; hazardous condition; federal agency
49-118. Notice of violation; hazardous condition; federal agency A. The department may issue a notice of violation to a federal agency as a potentially responsible party for the discharge of pollutants if both of the following occur: 1. The federal agency designates an area of this state as under threat of catastrophic wildfire and a […]
§ 49-117 – Supplemental environmental project; requirements; nexus
49-117. Supplemental environmental project; requirements; nexus A supplemental environmental project that is initiated or accepted by the department shall comply with this section, shall advance at least one of the objectives of the environmental statutes that are the basis of the enforcement action and shall have an adequate nexus. A nexus exists only if any […]
§ 49-101 – Definitions
49-101. Definitions In this title, unless the context otherwise requires: 1. " Approximately equal" means, for purposes of fees adopted pursuant to section 49-480, excluding per ton emissions fees, an amount that is not greater than ten per cent more than the fees or costs charged by the state for similar state permits or approvals. […]
§ 49-102 – Department of environmental quality; director; deputy director; division directors; divisions
49-102. Department of environmental quality; director; deputy director; division directors; divisions A. The department of environmental quality is established. B. The governor shall appoint a director of environmental quality pursuant to section 38-211. The director shall administer the department and serve at the pleasure of the governor. The director is entitled to receive compensation as […]
§ 49-103 – Department employees; legal counsel
49-103. Department employees; legal counsel A. The director, subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, shall employ, determine the conditions of employment and specify the duties of administrative, secretarial and clerical employees as he deems necessary. B. The attorney general shall be the legal advisor of the […]
§ 49-104 – Powers and duties of the department and director
49-104. Powers and duties of the department and director A. The department shall: 1. Formulate policies, plans and programs to implement this title to protect the environment. 2. Stimulate and encourage all local, state, regional and federal governmental agencies and all private persons and enterprises that have similar and related objectives and purposes, cooperate with […]
§ 49-106 – Statewide application of rules
49-106. Statewide application of rules The rules adopted by the department apply and shall be observed throughout this state, or as provided by their terms, and the appropriate local officer, council or board shall enforce them. This section does not limit the authority of local governing bodies to adopt ordinances and rules within their respective […]
§ 49-107 – Local delegation of state authority
49-107. Local delegation of state authority A. The director may delegate to a local environmental agency, county health department, public health services district or municipality any functions, powers or duties which the director believes can be competently, efficiently and properly performed by the local agency if the local agency accepts the delegation and agrees to […]
§ 49-108 – Hazardous materials emergency response operations
49-108. Hazardous materials emergency response operations The director of environmental quality shall establish a hazardous materials emergency response and recovery organizational unit in the department to function as the scientific support, health, safety and environmental element of the hazardous materials emergency management program pursuant to section 49-123. On request from the department of health services […]
§ 49-109 – Certificate of disclosure of violations; remedies
49-109. Certificate of disclosure of violations; remedies A. The following persons shall file a certificate of disclosure with the department as prescribed by this section: 1. A person who is engaged in an activity subject to regulation under this title and who has been convicted of a felony involving laws related to solid waste, special […]