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.)