§ 25-8-702. Approval for Commencement of Construction
No person shall commence the construction of any domestic wastewater treatment works or the enlargement of the capacity of an existing domestic wastewater treatment works, unless the site location and the design for the construction or expansion have been approved by the division. In evaluating the suitability of a proposed site location for a domestic […]
§ 25-8-801. Definitions
As used in this part 8, unless the context otherwise requires: “Administrator” or “storm water management system administrator” means a nonprofit entity designated by the division to conduct the activities required under this part 8. “Advisory board” means an oversight group, established as a required element within each storm water management system administrator’s program, that […]
§ 25-8-802. Storm Water Management System Administrator
A nonprofit entity may apply to be a storm water management system administrator by completing an application in such form as the division may require. The division may designate one or more storm water management system administrators. To be designated as an administrator, the applicant must demonstrate to the satisfaction of the division that: The […]
§ 25-8-803. Storm Water Management System Administrator Audits to Support Ms4 Permittees’ Programs
MS4 permittees may choose to work with any administrator to assist the MS4 permittee in complying with the terms and conditions of the MS4 permittee’s CDPS MS4 permit. An MS4 permittee may utilize all, or portions of, the storm water management system administrator’s program as part of the MS4 permittee’s program for oversight of construction […]
§ 25-8-604. Suspension, Modification, and Revocation of Permit
Upon a finding and determination, after hearing, that a violation of a permit provision has occurred, the division may suspend, modify, or revoke the pertinent permit or take such other action with respect to the violation as may be authorized pursuant to regulations promulgated by the commission. Source: L. 81: Entire article R&RE, p. 1333, […]
§ 25-8-605. Cease-and-Desist Orders
If the division determines, with or without hearing, that a violation of any provision of this article or of any order, permit, or control regulation issued or promulgated under authority of this article exists, the division may issue a cease-and-desist order. Such order shall set forth the provision alleged to be violated, the facts alleged […]
§ 25-8-606. Clean-Up Orders
The division may issue orders to any person to clean up any material which he, his employee, or his agent has accidentally or purposely dumped, spilled, or otherwise deposited in or near state waters which may pollute them. The division may also request the district attorney to proceed and take appropriate action under section 16-13-305 […]
§ 25-8-607. Restraining Orders and Injunctions
The division may request the district attorney for the judicial district with jurisdiction pursuant to subsection (2) of this section or the attorney general to bring, and if so requested it shall be the duty of such district attorney or the attorney general to bring, a suit for a temporary restraining order, preliminary injunction, or […]
§ 25-8-608. Civil Penalties – Rules – Fund Created – Temporary Moratorium on Penalties for Minor Violations – Definitions – Repeal
A person who violates this article 8, a permit issued under this article 8, a control regulation promulgated pursuant to this article 8, or a final cease-and-desist order or clean-up order is subject to a civil penalty of not more than fifty-four thousand eight hundred thirty-three dollars per day per violation; except that, on or […]
§ 25-8-608.7. Natural Disaster Grant Fund – Creation – Rules
The natural disaster grant fund is hereby created in the state treasury. Moneys in the fund, including interest earned on the investment of moneys in the fund, are continuously appropriated to the department of public health and environment for the purpose specified in subsection (2) of this section. The division shall expend moneys in the […]