(a) The commissioner has the following duties and responsibilities:(1) Develop and approve investigation and remediation strategies, including, but not limited to, presumptive remedial responses;(2) Enter into contracts and use the fund for purposes directly associated with accepted petitions for the investigation, containment, cleanup, monitoring, and maintenance of releases from registered drycleaning operations, registered in-state wholesale distribution facilities, and registered abandoned drycleaning facilities, including:(A) Hiring consultants and other contractors;(B) Purchasing, leasing, or renting necessary equipment; and(C) Defraying other necessary expenses;(3) Review and accept or deny a petition for entry of a registered facility or a registered recently abandoned drycleaning facility into the drycleaner environmental response fund based on the standards set out in this chapter and in rules. The commissioner shall prioritize approved petitions according to rules and established guidelines. In establishing guidelines for site prioritization, the commissioner shall consider the degree of risk to human health and the environment and other factors as the commissioner may deem appropriate;(4) Assess civil penalties in accordance with § 68-217-108; and(5) Promulgate rules necessary to effectuate this chapter, and conduct contested case proceedings, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The rules must include, but are not limited to:(A) Annual registration with corresponding fees for drycleaning facilities with categories of drycleaning facilities based on the amount and type of solvent used;(B) Requirements and standards for operation, maintenance, and closure of drycleaning facilities;(C) Standards for reviewing, accepting, and denying petitions for entry into the drycleaner environmental response fund;(D) A process for the commissioner to withdraw a facility from the drycleaner environmental response fund upon a determination of ineligibility or that the facility is or has been in noncompliance with this chapter; and(E) A process for certification of the completion of all investigation and remedial work and closure of a petition for access to the drycleaner environmental response fund.
(1) Develop and approve investigation and remediation strategies, including, but not limited to, presumptive remedial responses;
(2) Enter into contracts and use the fund for purposes directly associated with accepted petitions for the investigation, containment, cleanup, monitoring, and maintenance of releases from registered drycleaning operations, registered in-state wholesale distribution facilities, and registered abandoned drycleaning facilities, including:(A) Hiring consultants and other contractors;(B) Purchasing, leasing, or renting necessary equipment; and(C) Defraying other necessary expenses;
(A) Hiring consultants and other contractors;
(B) Purchasing, leasing, or renting necessary equipment; and
(C) Defraying other necessary expenses;
(3) Review and accept or deny a petition for entry of a registered facility or a registered recently abandoned drycleaning facility into the drycleaner environmental response fund based on the standards set out in this chapter and in rules. The commissioner shall prioritize approved petitions according to rules and established guidelines. In establishing guidelines for site prioritization, the commissioner shall consider the degree of risk to human health and the environment and other factors as the commissioner may deem appropriate;
(4) Assess civil penalties in accordance with § 68-217-108; and
(5) Promulgate rules necessary to effectuate this chapter, and conduct contested case proceedings, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The rules must include, but are not limited to:(A) Annual registration with corresponding fees for drycleaning facilities with categories of drycleaning facilities based on the amount and type of solvent used;(B) Requirements and standards for operation, maintenance, and closure of drycleaning facilities;(C) Standards for reviewing, accepting, and denying petitions for entry into the drycleaner environmental response fund;(D) A process for the commissioner to withdraw a facility from the drycleaner environmental response fund upon a determination of ineligibility or that the facility is or has been in noncompliance with this chapter; and(E) A process for certification of the completion of all investigation and remedial work and closure of a petition for access to the drycleaner environmental response fund.
(A) Annual registration with corresponding fees for drycleaning facilities with categories of drycleaning facilities based on the amount and type of solvent used;
(B) Requirements and standards for operation, maintenance, and closure of drycleaning facilities;
(C) Standards for reviewing, accepting, and denying petitions for entry into the drycleaner environmental response fund;
(D) A process for the commissioner to withdraw a facility from the drycleaner environmental response fund upon a determination of ineligibility or that the facility is or has been in noncompliance with this chapter; and
(E) A process for certification of the completion of all investigation and remedial work and closure of a petition for access to the drycleaner environmental response fund.
(b) The commissioner is authorized to enter, at any reasonable time, any registered facility and any property where the commissioner believes, based on substantial evidence, that drycleaning operations or in-state wholesale distribution activities are occurring or have occurred, to conduct investigations, and ensure compliance with this chapter. The commissioner may inspect and copy, at reasonable times, any records, reports, test results, or other information relating to compliance with this chapter and its rules, and the commissioner may request any person or company to furnish information relating to compliance with this chapter and its rules.