75-10-104. Duties of department.


     75-10-104. Duties of department. The department shall:
     (1) prepare, adopt, and implement a state solid waste management and resource recovery plan as required by 75-10-111 and 75-10-807;
     (2) prepare rules necessary for the implementation of this part for submission to the board, including but not limited to rules:
     (a) governing the submission of plans for a solid waste management system;
     (b) establishing, for the purpose of determining the tonnage or volume-based solid waste management fee that a facility is subject to under 75-10-115(1)(c), methods for determining or estimating the amount of solid waste incinerated or disposed of at a facility;
     (c) establishing the license application fee that a facility is subject to under 75-10-115(1)(a);
     (d) establishing the flat annual license renewal fee that a facility is subject to under 75-10-115(1)(b);
     (e) establishing the tonnage or volume-based annual renewal fee that a facility is subject to under 75-10-115(1)(c); and
     (f) providing procedures for the quarterly collection of the solid waste management fee provided for in 75-10-204(6);
     (3) provide technical assistance to persons within the state for planning, designing, constructing, financing, and operating:
     (a) a solid waste management system in order to ensure that the system conforms to the state plan;
     (b) integrated waste management programs; and
     (c) collection, disposal, reduction, and educational programs for household hazardous waste and small quantities of hazardous waste that are exempt from regulation under Title 75, chapter 10, part 4;
     (4) enforce and administer the provisions of this part;
     (5) approve plans for a proposed solid waste management system submitted by a local government; and
     (6) serve as a clearinghouse for information on waste reduction and reuse, recycling technology and markets, composting, and household hazardous waste disposal, including chemical compatibility.

     History: En. 69-4014 by Sec. 4, Ch. 575, L. 1977; R.C.M. 1947, 69-4014(1); amd. Sec. 10, Ch. 696, L. 1989; amd. Sec. 8, Ch. 222, L. 1991; amd. Sec. 2, Ch. 398, L. 1991; amd. Sec. 3, Ch. 643, L. 1991; amd. Sec. 1, Ch. 145, L. 1993; amd. Sec. 2, Ch. 170, L. 2001; amd. Sec. 8, Ch. 405, L. 2003; amd. Sec. 1, Ch. 54, L. 2007.