Chapter 342H — Chapter 342H

PART I. DEFINITIONS AND GENERAL PROVISIONS §342H-1 Definitions. As used in this chapter, unless the context otherwise requires: "Complaint" means any written charge filed with or by the department that a person is violating any provision of this chapter or any rule or order adopt…

§342H-10 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter, the director is authorized to impose by order the penalties specified in section 342H-9(a) and (b). (b) Factors to be…

§342H-11 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 pursuant to this chapter, or any condition of a permit o…

§342H-19 Effect of laws, ordinances, and rules. (a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect. (b) Except as provided in section 342H-30(c), any county may adopt ordinances and rules governing any matter relating to solid waste …

PART II. SOLID WASTE CONTROL §342H-30 Prohibition; civil. (a) No person, including any public body, shall engage in the operation of an open dump. (b) No person, including any public body, shall operate a solid waste management system without first securing approval in writing fr…

§342H-31 Rules; specific. The director may establish by rule the criteria for siting design, construction, financial responsibility, manifest, and operation of solid waste management systems. [L 1989, c 212, pt of §4; am L 1998, c 226, §3]

§342H-32 Plans and reports. The director may require complete and detailed plans or reports on existing solid waste management systems and of any proposed addition to, modification of, or alteration of any such systems that contain the information requested by the director in the…

§342H-35 Research, educational, and training programs. The director may:

§342H-37 Felony disposal of solid waste. (a) A person commits the offense of felony disposal of solid waste if the person: (b) This section shall not supersede any other disposal prohibitions established under federal, state, or county law, ordinance, regulation, or rule. (c) Fel…

§342H-39 Petty misdemeanor disposal of solid waste. (a) A person commits the offense of petty misdemeanor disposal of solid waste if the person knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly…

§342H-4.5 REPEALED. L 2007, c 25, §1.

§342H-5 Variances. (a) Every application for a variance shall be made on forms furnished by the department and shall be accompanied by a complete and detailed description of present conditions, how present conditions do not conform to applicable standards, and such other informat…

§342H-52 Prohibitions; buffer zones. (a) No person, including any federal agency, the State, or any county, shall construct, operate, modify, expand, or close a municipal solid waste landfill unit, or any component of a municipal solid waste landfill unit, without first obtaining…

§342H-7 Enforcement. (a) If the director determines that any person has violated or is violating any provision of this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit issued pursuant to this chapter, the director may do any one or more of …

§342H-8 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 disposal of solid waste or any combination of discharges of other…

§342H-9 Penalties. (a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall consti…