49-424

49-424. Duties of department

The department shall:

1. Determine whether the meteorology of the state is such that airsheds can be
reasonably identified and air pollution, therefore, can be controlled by establishing air
pollution control districts within well defined geographical areas.

2. Make continuing determinations of the quantity and nature of emissions of air
contaminants, topography, wind and temperature conditions, possible chemical reactions in
the atmosphere, the character of development of the various areas of the state, the
economic effect of remedial measures on the various areas of the state, the availability,
use, and economic feasibility of air-cleaning devices, the effect on human health and
danger to property from air contaminants, the effect on industrial operations of remedial
measures, and other matters necessary to arrive at a better understanding of air
pollution and its control. In a county with a population in excess of one million two
hundred thousand persons according to the most recent United States decennial census, the
department shall locate a monitoring system in at least two remote geographic sites.

3. By July 1, 1997, establish substantive policy statements for identifying air
quality exceptional events that take into consideration this state's unique geological,
geographical and climatological conditions and any other unusual circumstances. These
substantive policy statements shall be developed with the planning agency certified
pursuant to section 49-406, subsection A and the county air pollution control department
or district.

4. Determine the standards for the quality of the ambient air and the limits of air
contaminants necessary to protect the public health, and to secure the comfortable
enjoyment of life and property by the citizens of the state or in any defined
geographical area of the state where the concentration of air pollution sources, the
health of the population, or the nature of the economy or nature of land and its uses so
require, and develop and transmit to the county boards of supervisors minimum state
standards for air pollution control.

5. Conduct investigations, inspections and tests to carry out the duties of this
section under the procedures established by this article.

6. Hold hearings relating to any aspect of or matter within the duties of this
section, and in connection therewith, compel the attendance of witnesses and the
production of records under the procedures established by section 49-432.

7. Prepare and develop a comprehensive plan or plans for the abatement and control
of air pollution in this state.

8. Encourage voluntary cooperation by advising and consulting with persons or
affected groups or other states to achieve the purposes of this chapter, including
voluntary testing of actual or suspected sources of air pollution.

9. Encourage political subdivisions of the state to handle air pollution problems
within their respective jurisdictions, and provide as it deems necessary technical and
consultative assistance therefor.

10. Compile and publish from time to time reports, data, and statistics with respect
to those matters studied and investigated by the department.