Section 27-1315. Rules and regulations

1.  The  commissioner  shall  have  the  power to promulgate rules and
  regulations necessary and appropriate to carry out the purposes of  this
  title. Any such regulations shall include provisions which establish the
  procedures for a hearing pursuant to subdivision four of section 27-1313
  of  this title. Any such provisions shall ensure a division of functions
  between the commissioner, the  staff  who  present  the  case,  and  any
  hearing  officers appointed. In addition, any such regulations shall set
  forth findings to be based on a  factual  record,  which  must  be  made
  before  the  commissioner  determines  that  a significant threat to the
  environment exists. Rules and regulations promulgated pursuant  to  this
  title  shall be subject to the approval of a board, which shall be known
  as the inactive hazardous waste disposal site regulation  review  board,
  which  shall  have  the same members, rules, and procedures as the state
  environmental board.
    2. Such rules and regulations of the department as shall be in  effect
  on  the  effective  date  of  this  subdivision  that  shall  have  been
  promulgated to carry out the purposes of this title shall be  deemed  to
  be revised, as of the effective date of this subdivision, to include the
  definition of "hazardous waste" as it appears in section 27-1301 of this
  title.