19-6-404 - Powers and duties of executive secretary.
19-6-404. Powers and duties of executive secretary.
(1) The executive secretary shall administer the petroleum storage tank programestablished in this part.
(2) As necessary to meet the requirements or carry out the purposes of this part, theexecutive secretary may:
(a) advise, consult, and cooperate with other persons;
(b) employ persons;
(c) authorize a certified employee or a certified representative of the department toconduct facility inspections and reviews of records required to be kept by this part and by rulesmade under this part;
(d) encourage, participate in, or conduct studies, investigation, research, anddemonstrations;
(e) collect and disseminate information;
(f) enforce rules made by the board and any requirement in this part by issuing noticesand orders;
(g) review plans, specifications, or other data;
(h) represent the state in all matters pertaining to interstate underground storage tankmanagement and control, including, with the concurrence of the executive director, entering intointerstate compacts and other similar agreements;
(i) enter into contracts or agreements with political subdivisions for the performance ofany of the department's responsibilities under this part if:
(i) the contract or agreement is not prohibited by state or federal law and will not result ina loss of federal funding; and
(ii) the executive secretary determines that:
(A) the political subdivision is willing and able to satisfactorily discharge itsresponsibilities under the contract or agreement; and
(B) the contract or agreement will be practical and effective;
(j) take any necessary enforcement action authorized under this part;
(k) require an owner or operator of an underground storage tank to:
(i) furnish information or records relating to the tank, its equipment, and contents;
(ii) monitor, inspect, test, or sample the tank, its contents, and any surrounding soils, air,or water; or
(iii) provide access to the tank at reasonable times;
(l) take any abatement, investigative, or corrective action as authorized in this part; and
(m) enter into agreements or issue orders to apportion percentages of liability ofresponsible parties under Section 19-6-424.5.
(3) Except as otherwise provided in Subsection 19-6-414(3), appeals of decisions madeby the executive secretary under this part shall be made to the board.
Amended by Chapter 172, 1997 General Session