[§342E-3]  Powers and duties of the
director.  (a)  In addition to any other power or duty prescribed by law,
the director shall:



(1)  Reduce, control, and mitigate nonpoint source
pollution in the State;



(2)  Adopt rules under chapter 91 necessary for the
purposes of this chapter, which may include water quality standards for
specific areas, types of nonpoint source pollution discharges, or management
measures in the control of water pollution, allowing for varying local
conditions;



(3)  Develop plans, recommendations, and policies, and
provide other support to further the State’s capacity to carry out the
requirements of any federal law, rule, or regulation pertinent to the
management or mitigation of nonpoint source pollution;



(4)  Work cooperatively with other state, county, and
federal agencies, to facilitate the monitoring of and update the list of waters
in the State that cannot reasonably be expected to attain or maintain state
water quality standards and goals established under the federal Water Quality
Act of 1987 (P.L. 100-4) without additional action to control nonpoint source
pollution;



(5)  Identify those categories of nonpoint sources
that add significant pollution to the state waters identified under paragraph
(4);



(6)  Facilitate implementation of the best management
practices, programs, and measures to control each category of nonpoint source
pollution identified under paragraph (5), and encourage nonpoint source
pollution mitigation practices including, but not limited to, the use of non-hazardous
substances in the household and agroforestry management;



(7)  Identify public and private sources of expertise,
technical assistance, financial assistance, educational assistance, training,
and technology transfer;



(8)  Convene statewide and regional public forums
involving the general public, the regulatory community, and businesses and
industries that may contribute to categories of nonpoint source pollution for
the purpose of establishing plans, and developing management strategies and
other mitigation measures to control and manage nonpoint source pollution;



(9)  Provide funding for projects to demonstrate the
best available technology and best management practices for preventing and
mitigating nonpoint source pollution;



(10)  Provide funding for public initiative projects to
encourage education and prevention measures relating to nonpoint source
pollution;



(11)  Propose legislation, alternate funding
mechanisms, and new programs to improve the State’s capacity to mitigate
nonpoint source pollution; and



(12)  Review environmental assessments and
environmental impact statements as defined under section 343-2 for the purposes
of commenting on the effects that a proposed action would have on the level of
nonpoint source pollution generated in an area.



(b)  In the course of enforcing any rule
adopted pursuant to this chapter, the director may:



(1)  Enter and inspect any area to investigate an
actual or suspected source of nonpoint pollution, to ascertain compliance or
noncompliance with any rule or standard adopted by the department pursuant to
this chapter;



(2)  Inspect any records kept in accordance with the
terms and conditions of rules adopted under this chapter; and



(3)  Test any waters and aquatic and other life forms
that may have been subjected to any form of nonpoint source pollution and
assess the environmental effects of the pollution, including the pollution’s
effects on the quality of the receiving waters and aquatic and other life
forms; provided that if the department determines that the effects of the
pollution would make it hazardous to consume the water and aquatic or other
life forms, the department shall immediately notify the public of the hazard
through the news media and by posting warning signs in those areas where the
waters and shoreline contain water and aquatic or other life forms that would
be hazardous if consumed. [L 1993, c 345, pt of §2]