Title 19, Health

§342G-42 Office responsibilities for recycled products procurement. The office, in coordination with the state procurement office, shall ensure that all state and county purchasing agencies are provided with the information and technical assistance necessary to promote the procur…

[§342G-43] Reporting. (a) Each state agency that conducts its own procurement activities shall annually submit information and data to the office regarding: (1) The agency's progress in developing procurement programs; (2) The total amount of paper purchased during the year; and …

[§342G-44] Double-sided copying. Double-sided copying shall be standard operating practice for all state and county agencies, offices, and facilities, as available and appropriate. To increase double-sided copying, each agency in coordination with the department of accounting and…

[§342G-45] Establishment of an office paper and other materials recovery program. By January 1, 1992, the department shall initiate an office paper and other materials recovery program for all appropriate offices within the department. By June 30, 1993, all state and county agenc…

[§342G-46] Coordination of bioconversion programs. Bioconversion programs shall include: (1) A variety of program sizes ranging from backyard composting by residents and commercial establishments to full-scale municipal programs; and (2) A range of technical approaches that adequ…

§342G-47 State agency responsibilities in the promotion of bioconversion. The general responsibilities of state agencies under this chapter include the following: (1) Departments that procure compost or that can substitute compost for other purchased products shall utilize locall…

[§342G-48] Recycling market development. Databases on solid waste management alternatives and businesses involved in recycling and bioconversion shall be developed and maintained as follows: (1) Within one year of its establishment, the office shall develop a database on the full…

[PART V.] SOLID WASTE MANAGEMENT SURCHARGE §342G-61 Solid waste collection surcharge. Each county may assess residential real property owners in their respective county an annual solid waste collection surcharge based on the partial costs of solid waste collection. Notice of this…

§342G-62 Solid waste disposal surcharge. (a) There is established a solid waste management surcharge. The solid waste management surcharge shall be 35 cents per ton of solid waste disposed of within the State at permitted or unpermitted solid waste disposal facilities. The surcha…

§342G-63 Establishment of the environmental management special fund. (a) There is created in the state treasury an environmental management special fund. The fund may receive legislative appropriations, grants and gifts. (b) All moneys collected pursuant to section 342G-62 shall …

[§342G-64] Administration of the environmental management special fund. (a) The department may adopt rules to administer the environmental management special fund. During the interim period until such rules are established, the department may distribute funding to the counties or…

[PART VI. ENFORCEMENT AND PENALTIES] §342G-71 Penalties. Any person who violates any provision of this chapter or any rule adopted pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offen…

§342G-72 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 certification or permit issued pursuant to this chapter, the director may do a…

[PART VII.] GLASS CONTAINER RECOVERY §342G-81 Definitions. As used in this part, unless the context requires otherwise: "Deposit glass beverage container" means: (1) The individual, separate, sealed, glass container used for containing, at the time of import, sixty-eight fluid ou…

§342G-82 Advance disposal fee. (a) Every glass container importer shall pay to the department an advance disposal fee. The fee shall be imposed only once on the same glass container and shall not be assessed on drinking glasses, cups, bowls, plates, ashtrays, and similar tempered…

§342G-83 Glass container importers; registration, recordkeeping requirements. (a) By September 1, 1994, all glass container importers operating within the State shall register with the department, using forms prescribed by the department, and shall notify the department of any ch…

§342G-84 Deposit into environmental management special fund; distribution to counties. (a) Revenues generated from the advance disposal fee shall be deposited into a special account in the environmental management fund. Moneys from the special account shall be used to fund county…

§342G-85 Container inventory report and payment. (a) Payment of the advance glass disposal fee shall be made quarterly based on inventory reports of the glass container importers, except for those importers subject to subsection (c) or (d). All glass container importers shall sub…

§342G-86 County glass recovery programs; requirements. (a) All county glass recovery programs shall include: (1) Some form of glass incentive or "buy back" program providing a means of encouraging participation by the public or private collectors; and (2) The paving of the equiva…

[§342G-87] Contract for administrative services. The department may contract the services of a third party to administer the advance disposal fee program under this part. [L 1994, c 201, pt of §2]

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: (1) Conduct and supervise research programs for the purpose of determining the sources of solid waste, effects, and hazards of pollution associated with solid waste management systems; (2) With the approval …

§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: (1) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal…