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 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 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 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 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 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 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 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 […]
49-110. Compliance order; hearing; judicial review; enforcement A. If the director has reasonable cause to believe that a person is in violation of section 49-109, article 2 of this chapter or a rule adopted pursuant to article 2 of this chapter, the director may issue an order requiring compliance immediately or within a specified time […]
49-111. Permit application; plan approval; notice to counties, cities or towns For any application for a permit or plan approval, substantial change to a plan or significant revision or modification to a permit requested pursuant to this title, the director shall notify the appropriate county, city or town by sending a copy or notice of […]
49-112. County regulation; standards A. When authorized by law, a county may adopt a rule, ordinance or regulation that is more stringent than or in addition to a provision of this title or rule adopted by the director or any board or commission authorized to adopt rules pursuant to this title if all of the […]
49-113. Fees; unpaid amounts; penalties; audits A. For self-reported fees in this title, the director shall require the payer to sign a certification that the amount reported is accurate. B. The director shall collect interest on the unpaid amount of every payment, fee, self-reported fee, tax, assessment, cost and penalty authorized by this title at […]
49-114. Appeals of agency decisions Notwithstanding any other administrative proceeding established in this title or by rule, all appealable agency actions as defined in section 41-1092 and contested cases as defined in section 41-1001 shall be governed by title 41, chapter 6, article 10.
49-115. Indirect cost fund; use; exemption A. A department of environmental quality indirect cost fund is established. Federal monies and other monies obtained for the purposes of reimbursing the department for costs shall be deposited, pursuant to sections 35-146 and 35-147, in the fund. B. Subject to legislative appropriation, monies in the fund shall be […]
49-116. Informal appeals of agency decisions; technical appeals program fund; definitions A. Except as provided in chapter 6 of this title and sections 49-287.05, 49-287.06 and 49-287.07, the informal appeals process established by this section applies to any written interim decision as defined by subsection K of this section. B. The department shall make a […]
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 […]
49-118. 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 […]
