Section 19-0917. State environmental board review  


Latest version.
  • 1.  The  commissioner shall submit the following matters in writing to
      the state environmental board for review and approval:
        a. The determination and interim control target  required  by  section
      19-0909 of this title; and
        b.  The determination and nitrogen deposition control program required
      by section 19-0913 of this title; and
        c.  All  rules  and  regulations,  or  any  changes  thereto,  whether
      mandatory or permissive, which are promulgated pursuant to this title.
        2.  For the purposes of this title, all matters submitted to the state
      environmental board pursuant to subdivision one of this section shall be
      approved by the affirmative vote of a majority of  the  members  of  the
      board  before  any such submitted matter shall have any force or effect.
      The board shall tender in writing its approval or denial of approval  of
      any  such submitted matter. If the board fails or refuses to approve any
      such submitted matter, the commissioner shall not act contrary  to  such
      failure  or  denial of approval. The board shall support any such denial
      by filing with  the  commissioner  its  reasons  therefor.  All  matters
      submitted  shall  comply  with  the  provisions  of article five of this
      chapter  and  shall  be  otherwise  in   compliance   with   the   state
      administrative  procedure  act,  except  that  in the case of a conflict
      between article five of this chapter and this section the provisions  of
      this section shall govern.