§342B-21 - Specific functions, duties, and powers of the director.

PART III.  PERMIT PROGRAM

 

Case Notes

 

Prior law.

  Administrative rules must be adopted pursuant to chapter 91 regarding hydrogen sulfide emissions prior to issuance of air pollution permit authorizing construction and operation of geothermal wells.  73 H. 56, 828 P.2d 802.

  Where health department did not have rules adopted under chapter 91 governing the standards of emissions of hydrogen sulfide into the air as required by §342B-32 (1991) at the time geothermal well developer was issued permit, department was required to refuse the issuance of the permit. 73 H. 56, 828 P.2d 802.

 

     §342B-21  Specific functions, duties, and powers of the director.  The director shall have the functions, duties, and power to:

     (1)  Issue permits for a fixed term not to exceed five years;

     (2)  Ensure compliance by all sources required to have a permit with each applicable standard, regulation, or requirement provided by federal or state statutes or rules;

     (3)  Ensure that, upon issuance or renewal, permits incorporate emission limitations and other requirements in an applicable state implementation plan;

     (4)  Terminate, modify, or revoke and reissue permits for cause;

     (5)  Enforce permits, permit fee requirements, and the requirement to obtain a permit including the recovery of civil penalties;

     (6)  Ensure that permits in effect during the establishment and implementation of this new permit program will continue in effect until the permittee has applied for and obtained a permit under the new program; and

     (7)  Issue permits with environmental permit shields pursuant to such rules as the director may adopt. [L 1992, c 240, pt of §1; am L 1994, c 268, §2]