Title 19, Health

[§342D-82.5] Use of American Recovery and Reinvestment Act of 2009 and other federal moneys. (a) The director may provide financial assistance for publicly owned wastewater treatment works for the construction of necessary wastewater infrastructure projects, through the revolving…

§342D-83 Revolving fund; establishment, purposes, coordination. (a) There is established in the state treasury a fund to be known as the water pollution control revolving fund to be administered by the director. The revolving fund shall be administered, operated, and maintained t…

§342D-84 Revolving fund; uses. (a) Moneys in the revolving fund, if consistent with the purpose of the revolving fund stated in section 342D-83(b), may be used to: (b) The entire water pollution control loan program, and not only those accounts or subaccounts funded by revenue bo…

§342D-85 Revolving fund; deposits. The following may be deposited into the revolving fund:

[§342D-85.5] Water pollution control revolving fund; transfers. The governor, or a state official acting pursuant to authorization from the governor, may transfer an amount up to or equal to thirty-three per cent, calculated on the basis of a fiscal year's drinking water treatmen…

[§342D-86] Revolving fund; fees, interest, and investment on accounts. (a) The director may establish fees for loans, loan and bond guarantees, debt purchase and refinancing, interest rate subsidies, and other credit enhancement or liquidity support issued or provided through the…

§342D-87 Revolving fund; conditions. (a) The following conditions shall apply to each project receiving water pollution control financing under this part: (b) The use of federal funds and state matching funds in the revolving fund shall be in conformance with title 33 United Stat…

[§342D-88] Revenue bonds; authorization. (a) The director of health, with the approval of the governor and the [director of finance], may issue revenue bonds at such times and in such amount or amounts, not to exceed $250,000,000 in aggregate principal, as may be necessary to car…

[§342D-89] Revenue bonds; payment and security. (a) The revenue bonds shall be payable from and secured by the revenues derived from the benefits of the water pollution control loan program for which the revenue bonds are issued, including: (b) The director may pledge any and all…

§342D-9 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, water quality certification, or variance issued pursuant to this chapter, the director: (b) If the director det…

[§342D-90] Revenue bonds; amount issued. The director may include the costs of undertaking, administering, operating, and maintaining the water pollution control loan programs for which the bonds are issued in determining the principal amount of bonds to be issued. In determining…

[§342D-91] Revenue bonds; investment of proceeds, and redemption. Subject to any agreement with the holders of its revenue bonds, the director may:

[§342D-92] Trustee; designation; duties. The director may designate a trustee for each issue of revenue bonds secured under the same indenture; provided that the trustee may be approved by the director of finance. The trustee may have any duties and functions authorized by part I…

[§342D-93] Trust indenture. (a) Any trust indenture entered into by the director may contain covenants and provisions as authorized by part III of chapter 39, and approved by the director of finance, as deemed necessary, advisable, or expedient by the director for the purposes of…

[§342E-1] Definitions. As used in this chapter, unless the context clearly requires otherwise: "Department" means the department of health. "Director" means the director of health. "Nonpoint source pollution" means water pollution that does not originate from a point source. "Per…

[§342E-2] Nonpoint source pollution management and control program; rules. (a) There is established within the department a nonpoint source pollution management and control program to administer, enforce, and carry out all laws, rules, and programs relating to nonpoint source pol…

[§342E-3] Powers and duties of the director. (a) In addition to any other power or duty prescribed by law, the director shall: (b) In the course of enforcing any rule adopted pursuant to this chapter, the director may:

[§342E-4] Civil penalties. (a) Any person who violates any rule adopted under this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided fo…

PART I. DEFINITIONS AND GENERAL PROVISIONS §342F-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…

[§342F-10] Citation. Any person who commits a violation of the noise control rules adopted by the department pursuant to this chapter may be issued a summons or citation for such violation by any person authorized to enforce such rules, hereinafter referred to as enforcement offi…

§342F-11 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 342F-9(b) and (c). (b) Factors to be…

[§342F-11.5] Disposition of collected fines and penalties. Fines and penalties collected under sections 342F-9 and 342F-11 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991, c 157, §3]

§342F-12 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…

[§342F-13] 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…

§342F-14 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 asso…

[§342F-14.5] Fees for notification. The director may establish reasonable fees for notifications and to cover the cost of implementation, recordkeeping, and any necessary inspections to ascertain compliance with the provisions of the state community noise rules. [L 1999, c 57, pt…

[§342F-15] Public records; confidential information; penalties. Reports submitted to the department on the emission of excessive noise shall be made available for inspection by the public during established office hours unless such reports contain information of a confidential na…

[§342F-16] 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 …

[§342F-17] 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 §3]

[§342F-18] Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this chapter and the rules and orders of the department. [L 1989, c 212, pt of §3]

[§342F-19] 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 §…

[§342F-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…

§342F-20 Effect of laws, ordinances, and rules. Any county may adopt ordinances and rules governing any matter relating to excessive noise control as provided in section 46-17, and any conflict between state and county law shall be resolved as provided in section 46-17. [L 1989, …

[§342F-21] Priority in courts. All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive priority in the courts of the State. [L 1989, c 212, pt of §3]

[§342F-3] Duties, rules, powers, 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 noise pollution in the State. In the discharge of this duty, the director may make, …

PART II. NOISE CONTROL [§342F-30] Prohibition. No person, including any public body, shall engage in activity which produces excessive noise without first securing approval in writing from the director; provided that this section shall not apply to any school activity which is ap…

[§342F-30.5] Noise control. By June 30, 1996, the department shall adopt a state community noise code pursuant to chapter 91, which recognizes differences in noise level standards in urban and non-urban areas of the State and noise level standards of each county. In the event of …

§342F-30.8 Leaf blowers; weed whackers; restrictions. (a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a leaf blower or weed whacker within a residential zone or within one hundred feet of a residential zo…

[§342F-31] Rules; specific. The director may establish by rule:

[§342F-31.5] Noise measurement; rules. (a) The department shall adopt rules in accordance with chapter 91 that shall use both the dBC and the dBA sound level measurement systems for community noise control. The department and the county liquor commissions may enforce nighttime no…

[§342F-32] Complaints; hearings; appointment of masters. The director may:

[§342F-33] Research, educational, and training programs. The director may:

§342F-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 such permits shall be accompanied by plans, specifications, and such other informatio…

[§342F-4.5] Projects exempt from noise permit requirements. (a) Except as provided in subsection (b), any construction project: shall be exempt from the noise permit requirements of section 342F-4; provided that written notification of the intent to construct shall be submitted t…

§342F-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 standards, and such other information as the …

[§342F-6] Inspection of premises. The director, in accordance with law, may enter and inspect any building or place to investigate an actual or suspected source of excessive noise, to ascertain compliance or noncompliance with this chapter, any rule or standard adopted by the dep…