Section 39-0107. Powers and duties of the commissioner


Latest version.
  • 1.  The  commissioner  shall,  within  three calendar months after the
      effective date of  this  article,  promulgate  regulations  establishing
      methods  for indentification and quantification of ingredients in sewage
      system cleaners and additives used in restricted geographical areas.
        2. The commissioner shall, within  three  calendar  months  after  the
      effective   date  of  this  article,  promulgate  regulations  requiring
      manufacturers of sewage system cleaners or additives  distributed,  sold
      or  offered  for sale in restricted geographical areas to furnish to the
      commissioner  existing   information   regarding   chemical   components
      including the nature and extent of investigations and research performed
      by  the  manufacturer  concerning  the  effects  of such products on the
      quality of groundwaters, provided, however, that in lieu  of  furnishing
      said  information,  such manufacturers may refer the commissioner to any
      federal or state agency which has  obtained  said  information,  to  the
      extent  that  said information is available to the commissioner from any
      such agency.
        3. Whenever the commissioner finds,  after  investigation  and  public
      hearing,  that  any ingredient other than a restricted chemical material
      in a sewage system cleaner or additive  distributed,  sold,  offered  or
      exposed  for  sale  in restricted geographical areas is likely to have a
      dangerous, deleterious or injurious effect upon  the  public  health  or
      environment,  he  shall  prohibit or restrict in restricted geographical
      areas the sale, distribution, offer or exposure for sale or use  by  any
      person   of   sewage   system  cleaners  or  additives  containing  such
      ingredients.
        4. The commissioner shall hold confidential any  information  obtained
      pursuant   to  subdivision  two  of  this  section  when  shown  by  any
      manufacturer that  such  information,  if  made  public,  would  divulge
      competitive  business  information,  methods  or  processes  entitled to
      protection as trade secrets of such manufacturers.