19-1-201 - Powers of department.
19-1-201. Powers of department.
(1) The department shall:
(a) enter into cooperative agreements with the Department of Health to delineate specificresponsibilities to assure that assessment and management of risk to human health from theenvironment are properly administered;
(b) consult with the Department of Health and enter into cooperative agreements, asneeded, to ensure efficient use of resources and effective response to potential health and safetythreats from the environment, and to prevent gaps in protection from potential risks from theenvironment to specific individuals or population groups; and
(c) coordinate implementation of environmental programs to maximize efficient use ofresources by developing, with local health departments, a Comprehensive Environmental ServiceDelivery Plan that:
(i) recognizes that the department and local health departments are the foundation forproviding environmental health programs in the state;
(ii) delineates the responsibilities of the department and each local health department forthe efficient delivery of environmental programs using federal, state, and local authorities,responsibilities, and resources;
(iii) provides for the delegation of authority and pass through of funding to local healthdepartments for environmental programs, to the extent allowed by applicable law, identified inthe plan, and requested by the local health department; and
(iv) is reviewed and updated annually.
(2) The department may:
(a) investigate matters affecting the environment;
(b) investigate and control matters affecting the public health when caused byenvironmental hazards;
(c) prepare, publish, and disseminate information to inform the public concerning issuesinvolving environmental quality;
(d) establish and operate programs, as authorized by this title, necessary for protection ofthe environment and public health from environmental hazards;
(e) use local health departments in the delivery of environmental health programs to theextent provided by law;
(f) enter into contracts with local health departments or others to meet responsibilitiesestablished under this title;
(g) acquire real and personal property by purchase, gift, devise, and other lawful means;
(h) prepare and submit to the governor a proposed budget to be included in the budgetsubmitted by the governor to the Legislature;
(i) (i) establish a schedule of fees that may be assessed for actions and services of thedepartment according to the procedures and requirements of Section 63J-1-504; and
(ii) in accordance with Section 63J-1-504, all fees shall be reasonable, fair, and reflectthe cost of services provided;
(j) prescribe by rule reasonable requirements not inconsistent with law relating toenvironmental quality for local health departments;
(k) perform the administrative functions of the boards established by Section 19-1-106,including the acceptance and administration of grants from the federal government and fromother sources, public or private, to carry out the board's functions;
(l) upon the request of any board or the executive secretary, provide professional,technical, and clerical staff and field and laboratory services, the extent of which are limited bythe funds available to the department for the staff and services; and
(m) establish a supplementary fee, not subject to Section 63J-1-504, to provide servicethat the person paying the fee agrees by contract to be charged for the service in order toefficiently utilize department resources, protect department permitting processes, addressextraordinary or unanticipated stress on permitting processes, or make use of specializedexpertise.
(3) In providing service under Subsection (2)(m), the department may not provide servicein a manner that impairs any other person's service from the department.
Amended by Chapter 17, 2010 General Session