§46-12.5.1-2  Powers and duties of the director. –


Published: 2015

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TITLE 46

Waters and Navigation

CHAPTER 46-12.5.1

Oil Pollution Control

SECTION 46-12.5.1-2



   § 46-12.5.1-2  Powers and duties of the

director. –

(a) In addition to the other powers granted the director of the department of

environmental management, the director shall have and may exercise these powers

and duties:



   (1) To exercise general supervision of the administration and

enforcement of this chapter and all rules and regulations and orders

promulgated hereunder;



   (2) To promulgate rules and regulations for the

transportation of oil on the waters and over the land of this state; for the

emergency response for the containment, cleanup, and abatement of a discharge

of oil; for the assessment of penalties and recovery of costs and of damages as

set forth in this chapter; and for any other procedures necessary for the

implementation of this chapter;



   (3) To promulgate rules and regulations for oil discharge

contingency plans. The rules and regulations may at the minimum:



   (i) Prohibit the transfer of oil to or from a tank vessel or

oil barge without an oil discharge contingency plan that the appropriate

authority has approved;



   (ii) Require proof of financial responsibility by the owner

or operator of the tank vessel or oil barge; and



   (iii) Address catastrophic oil discharges.



   (4) To exercise all incidental powers necessary to carry out

the purposes of this chapter;



   (b) Nothing in this chapter shall be construed to abridge the

powers and duties of the director over water pollution, including the discharge

of oil, as established in this title, or in chapter 17.1 or 35 of title 42, or

in title 23.



History of Section.

(P.L. 1997, ch. 32, § 2; P.L. 2007, ch. 340, § 42.)