Section 28-0107. Powers and duties of the department  


Latest version.
  • Consistent  with  the policy of the state as it is declared in section
      28-0101 of this article, the department shall have the power to:
        1. Develop, coordinate, implement and measure policies,  planning  and
      programs  to promote pollution prevention, including but not limited to,
      technical assistance programs  and  the  identification  of  alternative
      compliance approaches that incorporate pollution prevention;
        2.  Provide  education,  training,  outreach and technical assistance,
      including  on-site  technical  assistance,  to  the   public   regarding
      pollution   prevention,   including   but  not  limited  to  businesses,
      not-for-profit organizations and state and local agencies;
        3. Track, monitor and analyze efforts to achieve pollution  prevention
      and the effects of pollution prevention on the consumption of energy and
      natural  resources;  the use of hazardous substances; and the generation
      of hazardous substances, pollution and waste;
        4. Promote the consideration of opportunities for pollution prevention
      throughout  the  department's  programs,  including  the  provision   of
      information  on  pollution prevention options, technical information and
      technical assistance to  permit  applicants,  owners  and  operators  of
      facilities  that are subject to departmental inspections, and to persons
      who are subject to departmental enforcement actions;
        5. Develop policies to facilitate, support and encourage the provision
      of pollution prevention and  compliance  assistance,  including  on-site
      technical  assistance,  by  all  department  staff, including regulatory
      program staff, to businesses, not-for-profit  organizations,  state  and
      local  agencies  or other persons who request such assistance, including
      the adoption of policies to address how the department will  respond  if
      violations are identified in the course of providing such assistance;
        6.  Coordinate  pollution prevention outreach and technical assistance
      with inspection and enforcement  efforts,  including  the  targeting  of
      specific  sectors  for  concentrated  outreach  prior  to inspection and
      enforcement and the establishment of  a  technical  assistance  referral
      system;
        7.  Provide  opportunities for training in pollution prevention to all
      appropriate department staff on an annual basis;
        8. Promote and encourage  the  adoption  of  environmental  management
      systems as a way to achieve pollution prevention and continually improve
      environmental,  economic  and  management  performance across a range of
      organizations  and  settings,  including  state  and   local   agencies,
      businesses, and not-for-profit organizations;
        9. Develop pollution prevention information that can be distributed by
      other  state  agencies  and  public authorities that are involved in the
      regulation of, or  provision  of  financial  assistance  to  businesses,
      municipalities and not-for-profit organizations;
        10.  Coordinate  and cooperate with federal, state and local agencies,
      public and private organizations, and groups administering  programs  or
      engaged   in   activities   related   to  pollution  prevention,  energy
      consumption, resource consumption, the use and generation  of  hazardous
      substances, or the generation of waste or pollution; and
        11.   Encourage,  support  and  undertake  research,  development  and
      technology transfer in support of pollution prevention,  and  coordinate
      and  cooperate  with  federal,  state and local agencies, businesses and
      business associations, public  and  private  organizations,  and  groups
      engaged  in  pollution  prevention  research, development and technology
      transfer,  including  educational,  civic  and  research  organizations,
      colleges, universities, institutes or foundations.