Title 12, Chapter 9, Section 6
( 12-9-6)
(a) The director shall represent the public interest and shall not
derive a significant portion of his income from persons subject to
rules, regulations, permits, or orders under this article. Any
potential conflict of interest shall be adequately disclosed. (b) The director shall have and may exercise the following powers
and duties: (1) To exercise general supervision over the administration and
enforcement of this article and all rules, regulations, and orders
promulgated under this article; (2) To encourage, participate in, or conduct such studies,
reviews, investigations, research, emission inventories, and
demonstrations relating to air quality or sources of air pollution
in this state as he deems advisable and necessary or as may be
required by the federal act and to provide any data or information
obtained from such activities to the administrator; (3) To issue permits contemplated by this article, stipulating in
each permit the conditions or limitations under which such permit
is issued, and to deny, revoke, modify, or amend permits; (4) To establish, implement, revise, and amend permit application
criteria, forms, procedures, and requirements consistent with this
article; (5) To establish expedited procedures to respond to requests from
small business stationary sources for changes in any work practice
or technical method of compliance or schedule of milestones for
implementing such work practice or method of compliance preceding
any applicable compliance date, based on the technological and
financial capability of any such small business stationary source
or facility; provided, however, that no such change shall be
granted unless it is in compliance with the applicable
requirements; (6) To advise, consult, cooperate, and contract on air quality
matters with persons for purposes of carrying out the powers and
duties conferred upon the director pursuant to this article;
provided, however, that when negotiating and entering into
agreements with the governments of other states or the United
States and their several agencies, subdivisions, or designated
organizations of elected officials the director shall first obtain
the approval of the Governor; (7) To conduct such public hearings as he deems necessary for the
proper administration of this article; (8) To collect and disseminate information and to provide for
public notification in matters relating to air quality; (9) To collect fees, assessments, penalties, or other payments
provided for by this article; (10) To issue orders as may be necessary to enforce compliance
with this article and all rules and regulations promulgated
pursuant to this article;
(11) To institute, in the name of the division, proceedings of
mandamus, injunction, or other proper administrative, civil, or
criminal proceedings to enforce the provisions of this article; (12) To exercise all incidental powers necessary to carry out the
purposes of this article; (13) To prepare, develop, amend, modify, submit, and enforce a
comprehensive plan or plans sufficient to comply with the federal
act including emission control and limitation requirements,
standards of performance, preconstruction review, and other
requirements for the prevention, abatement, and control of air
pollution in this state, for the prevention of significant
deterioration of air quality, for protection against hazardous air
pollutants, and for the achievement and maintenance of ambient air
quality standards; (14) To encourage voluntary cooperation by persons and affected
groups to achieve the purposes of this article; and (15) To receive, accept, hold, use, and administer on behalf of
the state and for purposes provided in this article gifts, grants,
donations, devises, and bequests of real, personal, and mixed
property of every kind and description. (c) The powers and duties described in this Code section may be
exercised and performed by the director through such duly authorized
agents and employees as he deems necessary and proper. |