49-1014. Rules; policies; guidelines

A. The director shall adopt rules pursuant to title 41, chapter 6 necessary to provide procedures for the administration of this chapter and to cause the program for the regulation of underground storage tanks established by this chapter to be approved by the administrator of the environmental protection agency pursuant to 42 United States Code section 6991c.

B. The director may establish policies and guidelines for the administration of this chapter, subject to the following:

1. If a substantive policy statement as defined in section 41-1001 or a guideline is issued by the director, the director shall provide written notice to persons regulated by this chapter before the effective date of a policy or guideline that affects the substantive rights of owners and operators or other parties regulated under the underground storage tank program. The written notice shall set forth the effective date of the policy or guideline. The policy or guideline shall not be retroactive or applied retroactively except as specifically authorized by law or by the agreement of the department and the person who is regulated by this chapter.

2. The department shall not base a determination of compliance with the requirements of this chapter in whole or in part on a policy or guideline that is not specifically authorized by statute or rule.

49-1014. Rules; policies; guidelines

A. The director shall adopt rules pursuant to title 41, chapter 6 necessary to provide procedures for the administration of this chapter and to cause the program for the regulation of underground storage tanks established by this chapter to be approved by the administrator of the environmental protection agency pursuant to 42 United States Code section 6991c.

B. The director may establish policies and guidelines for the administration of this chapter, subject to the following:

1. If a substantive policy statement as defined in section 41-1001 or a guideline is issued by the director, the director shall provide written notice to persons regulated by this chapter before the effective date of a policy or guideline that affects the substantive rights of owners and operators or other parties regulated under the underground storage tank program. The written notice shall set forth the effective date of the policy or guideline. The policy or guideline shall not be retroactive or applied retroactively except as specifically authorized by law or by the agreement of the department and the person who is regulated by this chapter.

2. The department shall not base a determination of compliance with the requirements of this chapter in whole or in part on a policy or guideline that is not specifically authorized by statute or rule.