Title 19, Health

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-10.5 Disposition of collected fines and penalties. Except as otherwise provided in this section, fines and penalties collected under sections 342H-9 and 342H-10 shall be deposited into the environmental response revolving fund established by section 128D-2. Where a county i…

§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-12] Appeal. If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the acti…

[§342H-13] Fees. The director may establish reasonable fees for the issuance of permits and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs as…

[§342H-14] Public records; confidential information; penalties. Solid waste management permit applications and reports on the disposal or management of solid waste submitted to the department shall be made available for inspection by the public during established office hours unl…

[§342H-15] Nonliability of department personnel. Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance …

[§342H-16] Other action not barred. No existing civil or criminal remedy for any wrongful action which is a violation of any statute or any rule of the department or the ordinance of any county shall be excluded or impaired by this chapter. [L 1989, c 212, pt of §4]

[§342H-17] Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this chapter and the rules, orders, and permits of the department. [L 1989, c 212, pt of §4]

[§342H-18] Other powers of department not affected. The powers, duties, and functions vested in the department under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department under any other law. [L 1989, c 212, pt of §…

§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 …

[§342H-2] Administration. The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of thi…

[§342H-2.5] Department of health; delegation of enforcement powers. The department, pursuant to rules adopted in accordance with chapter 91, may delegate to agencies of the various counties the powers or authority vested in the department to investigate alleged violations of sect…

[§342H-20] Priority in courts. All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter or pursuant to the conditions of a permit issued under this chapter shall in the discretion of the court receive priority in the courts of the State. [L…

[§342H-21] Unauthorized removal of recyclable materials. No person, other than an authorized agent of the State or a county, commercial waste generator, or private recycling system, shall knowingly remove any paper, glass, cardboard, plastic, used motor oil, ferrous metal, alumin…

[§342H-3] Duties; rules; appointment of hearings officers. (a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate solid waste pollution in the State. In the discharge of this duty, the director may make, am…

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-33] Appointment of masters. The director may appoint a master or masters to conduct investigations and hearings. [L 1989, c 212, pt of §4]

[§342H-34] Consultation and advice. The director may consult with and advise any person engaged or intending to be engaged in the management of solid waste. [L 1989, c 212, pt of §4]

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

§342H-36 Recycling for agricultural purposes; encouraged. The director shall encourage the recycling of solid wastes, including animal wastes and selected non-hazardous industrial wastes, and the composting of animal manures and by-products for agricultural and horticultural purp…

[§342H-36.5] Leaf blower debris. (a) It shall be unlawful for any person to use or operate a leaf blower in such a manner as to blow, dispel, or make airborne dust, leaves, grass cuttings, paper, trash, or any other type of unattached debris or material, beyond the boundaries of …

§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-38] Felony disposal of solid waste; deferred prosecution agreement. First time offenses for persons cited with felony disposal of solid waste may enter into a deferred prosecution agreement. Persons failing to meet all of the terms of a deferred prosecution agreement shall…

§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 Permits; procedures for. (a) An application for any permit required under this chapter shall be in a form prescribed by the director. (b) The department may require that applications for permits be accompanied by plans, specifications, and any other information it deems n…

[PART III.] PLASTIC CONTAINER CODING [§342H-41] Definitions. As used in this part, unless the context otherwise requires: "Label" means a molded imprint or raised symbol on or near the bottom of a plastic product. "Plastic" means any material made of polymeric organic compounds a…

[§342H-42] Prohibition. On or after January 1, 1992, no person shall manufacture, distribute, sell, or expose for sale in this State any plastic bottle or rigid plastic container unless the product has a label indicating the plastic resin used to produce the plastic bottle or rig…

§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…

[PART IV.] MUNICIPAL SOLID WASTE LANDFILL CRITERIA [§342H-51] Definitions. Unless otherwise explicitly stated, the definitions provided in section 342H-1 shall control the meaning of the terms used in this part. As used in this part, unless the context otherwise requires: "Commer…

§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-53] Applicability and requirements. (a) The provisions of this part do not apply to municipal solid waste landfill units that do not receive wastes after October 9, 1991. (b) Municipal solid waste landfill units that receive waste after October 9, 1991, but stop receiving …

[§342H-54] Public participation. The director may adopt rules providing for public participation in the process of reviewing applications for permits, permit renewals, permit modifications, selection of corrective action remedies, and related matters. Such rules may require appli…

[§342H-55] Rules; specific. The director may establish by rule the criteria, standards, and requirements relating to the location, design, construction, operation, maintenance, expansion, closure, and post-closure care of municipal solid waste landfill units. In addition, the dir…

[§342H-56] Other powers. In addition to any other power or duty prescribed by law or this part, the director may establish by rule a municipal solid waste landfill program that meets or exceeds the standards, criteria, and requirements set forth in the federal municipal solid was…

[§342H-57] Intervention. Any person shall have the right to intervene in any civil action to enforce the provisions of this part if the person has an interest that is, or may be, adversely affected. [L 1992, c 245, pt of §1]

[§342H-6] Inspection of premises. The director, in accordance with law, may enter and inspect any facility, building, or place to investigate an actual or suspected source of solid waste pollution, to ascertain compliance or noncompliance with this chapter or any rule or standard…

§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…