19-3-304 - Licensing and approval by governor and Legislature -- Powers and duties of the department.
19-3-304. Licensing and approval by governor and Legislature -- Powers andduties of the department.
(1) (a) A person may not construct or operate a waste transfer, storage, decay in storage,treatment, or disposal facility within the exterior boundaries of the state without applying for andreceiving a construction and operating license from the state Department of EnvironmentalQuality and also obtaining approval from the Legislature and the governor.
(b) The Department of Environmental Quality may issue the license, and the Legislatureand the governor may approve the license, only upon finding the requirements and standards ofthis part have been met.
(2) The department shall by rule establish the procedures and forms required to submit anapplication for a construction and operating license under this part.
(3) The department may make rules implementing this part as necessary for the protectionof the public health and the environment, including:
(a) rules for safe and proper construction, installation, repair, use, and operation of wastetransfer, storage, decay in storage, treatment, and disposal facilities;
(b) rules governing prevention of and responsibility for costs incurred regarding accidentsthat may occur in conjunction with the operation of the facilities; and
(c) rules providing for disciplinary action against the license upon violation of any of thelicensure requirements under this part or rules made under this part.
Enacted by Chapter 348, 1998 General Session