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

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

(2)  Adopt rules under chapter 91 necessary for thepurposes of this chapter, which may include water quality standards forspecific areas, types of nonpoint source pollution discharges, or managementmeasures in the control of water pollution, allowing for varying localconditions;

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

(4)  Work cooperatively with other state, county, andfederal agencies, to facilitate the monitoring of and update the list of watersin the State that cannot reasonably be expected to attain or maintain statewater quality standards and goals established under the federal Water QualityAct of 1987 (P.L. 100-4) without additional action to control nonpoint sourcepollution;

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

(6)  Facilitate implementation of the best managementpractices, programs, and measures to control each category of nonpoint sourcepollution identified under paragraph (5), and encourage nonpoint sourcepollution mitigation practices including, but not limited to, the use of non-hazardoussubstances 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 forumsinvolving the general public, the regulatory community, and businesses andindustries that may contribute to categories of nonpoint source pollution forthe purpose of establishing plans, and developing management strategies andother mitigation measures to control and manage nonpoint source pollution;

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

(10)  Provide funding for public initiative projects toencourage education and prevention measures relating to nonpoint sourcepollution;

(11)  Propose legislation, alternate fundingmechanisms, and new programs to improve the State’s capacity to mitigatenonpoint source pollution; and

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

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

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

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

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