Chapter 342B — Chapter 342B

PART I. DEFINITIONS AND GENERAL PROVISIONS §342B-1 Definitions. As used in this chapter, unless the context otherwise requires: "Administrator" means the administrator of the United States Environmental Protection Agency. "Air pollutant" has the same meaning as in the Clean Air A…

§342B-12 Specific powers of the director. The director may:

§342B-13 Public participation. (a) Except as provided in subsections (b) and (c), where public participation is deemed appropriate by the director or is required, the director shall provide for notice and opportunity for public comment as follows: (b) All rules shall be adopted, …

PART III. PERMIT PROGRAM §342B-21 Specific functions, duties, and powers of the director. The director shall have the functions, duties, and power to:

§342B-24 Action on a permit application. (a) Within sixty days of receipt of an application the department shall give the applicant written notice that the application is complete, or give the applicant written notice of incompleteness outlining additional information requirement…

§342B-26 General and temporary permits; single permit. (a) The director, after providing public notice, including the method by which a public hearing can be requested, and an opportunity for public comment pursuant to section 342B-13, may issue a general permit covering numerous…

§342B-29 Fees. (a) The director shall establish fees for permits issued pursuant to this chapter to be paid by the applicant prior to the issuance of the permit and thereafter on a schedule established by the department. (b) Fees for covered sources shall adequately cover the dir…

§342B-42 Enforcement. (a) If the director determines that any person has violated or is violating this chapter, any rule adopted pursuant to this chapter, or any permit issued or variance granted pursuant to this chapter, the director shall serve written notice by certified mail …

§342B-43 Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by the release of any air pollutant or combination of air pollutants th…

§342B-44 Injunctive and other relief. The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted, condition of a permit, or variance issued pursuant to t…

§342B-45 Citation. (a) Any person who violates the vehicular smoke emission rules and open burning control rules adopted by the department pursuant to this chapter may be issued a summons or citation for such violation. Violations of vehicular smoke emission rules and open burnin…

§342B-47 Civil penalties. (a) Any person who violates the vehicular smoke emission rules adopted by the department pursuant to this chapter shall be fined not less than $25 nor more than $2,500 for each separate offense. Each day of each violation constitutes a separate offense. …

§342B-48 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter, or by rules adopted pursuant to this chapter, the director is authorized to impose by order the penalties specified in section 342B-47. (b) Factors to be co…

§342B-49 Criminal penalties. (a) Any person who knowingly violates any applicable standards or limitations, any condition in a permit issued pursuant to this chapter, any order, any rule, or any fee or filing requirement, shall be punished by a fine of not more than $25,000 for e…

§342B-55 Consent orders; settlement agreements. Notwithstanding section 342B-13, at least thirty days before a consent order or settlement agreement of any kind under this chapter to which the director or the State is a party is final or filed with [an] environmental court, the d…

[PART VI.] GREENHOUSE GAS EMISSIONS §342B-71 Statewide greenhouse gas emissions limit, adoption. (a) A statewide greenhouse gas emissions limit to be achieved by 2020 is hereby established that is equal to or below the level of the statewide greenhouse gas emissions in 1990, as d…