Additional authority and duties of division - penalties.

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(1) In addition to the authority specified elsewhere in this article 8, the division has the power to:

  1. Conduct or cause to be conducted studies, research, and demonstrations with respectto water pollution and the control, abatement, or prevention thereof, as requested by the commission;

  2. Furnish technical advice and services relating to water pollution problems and control techniques;

  3. Designate one or more persons or agencies in any area of the state as a water qualitycontrol authority, as agent of the division, to exercise and perform such powers and duties of the division as may be specified in such designation;

  4. Administer, in compliance with regulations and the priority ranking adopted by thecommission, loans and grants from the federal government and from other public sources;

  5. Advise, consult, cooperate, and enter into agreements with other agencies of the state, the federal government, other states, and interstate agencies, and with groups, political subdivisions, and industries affected by the provisions of this article and the policies of the commission; but any such agreement involving, authorizing, or requiring compliance in this state with any standard or regulation shall not be effective unless or until the commission has held a hearing with respect to such standard or regulation and has adopted the same in compliance with this article;

  6. Certify, when requested, the existence of any facility, land, building, machinery, equipment, treatment works, or sewage or disposal systems as have been acquired, constructed, or installed in conformity with the purposes of this article;

  7. Take such action in accordance with rules and orders promulgated by the commission as may be necessary to prevent, abate, and control pollution;

  8. Implement a program, in accordance with section 25-8-205.7, 25-8-205.8, or 25-8205.9 and rules and orders of the commission, for the reuse of reclaimed domestic wastewater for purposes other than drinking.

(2) Except as provided in section 25-8-608, all fines and penalties for violations of this article 8 must be transmitted to the state treasurer for deposit to the credit of the general fund.

Source: L. 81: Entire article R&RE, p. 1323, § 1, effective July 1. L. 83: (2) amended, p. 1079, § 3, effective July 1. L. 2000: (1)(h) added, p. 252, § 3, effective March 31. L. 2006: (2) amended, p. 1273, § 1, effective May 26. L. 2017: (2) amended, (SB 17-294), ch. 264, p. 1408, § 88, effective May 25. L. 2018: IP(1) and (1)(h) amended, (SB 18-038), ch. 400, p. 2369, § 4, effective August 8; IP(1) and (1)(h) amended, (HB 18-1069), ch. 179, p. 1224, § 4, effective August 8; IP(1) and (1)(h) amended, (HB 18-1093), ch. 171, p. 1201, § 4, effective August 8.

Editor's note: Amendments to subsection (1)(h) by SB 18-038, HB 18-1069, and HB 181093 were harmonized.


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