Title 48, Environmental Protection and Conservation

As used in this article: (1) "Director" means the Director of the Department of Environmental Services. (2) "Department" means the Department of Environmental Services. (3) "Environmental Emergency" means a situation, to be determined by the director, that constitutes an immediat…

(A) There is created within the Department of Environmental Services a restricted account to be known as the Environmental Emergency Fund. (B) The fund must be financed through the collection and deposit of fines and penalties levied by the department. However, a fine or penalty …

(A) The department, through the director or the director's designee, shall certify that funding for a specific emergency was necessary to protect the environment or public health, or both. Annually, the department shall prepare an independent accounting of all revenue in the fund…

The fund is available to the department to help defray the costs of administering the regulatory programs under each act enumerated in Section 48-2-30(B). The monies must be used for improved performance in permitting, certification, licensing, monitoring, investigating, enforcin…

(A) In order to facilitate the proper administration of each act listed in Section 48-2-30(B), the department shall charge fees for the various services and functions it performs under each of those acts including, but not limited to, application fees, processing fees, permit mai…

A person required to pay the fees set forth in this article who disagrees with the calculation or applicability of the fee may request a contested case hearing before the Administrative Law Court in accordance with Section 48-6-30 and the Administrative Procedures Act. If it is f…

Under each program for which a permit processing fee is established pursuant to this article, the promulgating authority also shall establish by regulation a schedule for timely action by the Department of Environmental Services on permit applications under that program. These sc…

Fees collected pursuant to Section 48-2-50 do not supplant or reduce in any way the general fund appropriation to the department from the state or federal program; and the total amount of fees authorized by this article collected in any fiscal year, may not exceed thirty-three an…

If the requirements of this article are not in agreement with applicable federal requirements pertaining to the establishment and collection of fees as authorized by this article, the federal requirements take precedence. The department has the authority to establish, by regulati…