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This entry was published on 2014-09-22
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SECTION 28-0107
Powers and duties of the department
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 28
§ 28-0107. Powers and duties of the department.

Consistent with the policy of the state as it is declared in section
28-0101 of this article, the department shall have the power to:

1. Develop, coordinate, implement and measure policies, planning and
programs to promote pollution prevention, including but not limited to,
technical assistance programs and the identification of alternative
compliance approaches that incorporate pollution prevention;

2. Provide education, training, outreach and technical assistance,
including on-site technical assistance, to the public regarding
pollution prevention, including but not limited to businesses,
not-for-profit organizations and state and local agencies;

3. Track, monitor and analyze efforts to achieve pollution prevention
and the effects of pollution prevention on the consumption of energy and
natural resources; the use of hazardous substances; and the generation
of hazardous substances, pollution and waste;

4. Promote the consideration of opportunities for pollution prevention
throughout the department's programs, including the provision of
information on pollution prevention options, technical information and
technical assistance to permit applicants, owners and operators of
facilities that are subject to departmental inspections, and to persons
who are subject to departmental enforcement actions;

5. Develop policies to facilitate, support and encourage the provision
of pollution prevention and compliance assistance, including on-site
technical assistance, by all department staff, including regulatory
program staff, to businesses, not-for-profit organizations, state and
local agencies or other persons who request such assistance, including
the adoption of policies to address how the department will respond if
violations are identified in the course of providing such assistance;

6. Coordinate pollution prevention outreach and technical assistance
with inspection and enforcement efforts, including the targeting of
specific sectors for concentrated outreach prior to inspection and
enforcement and the establishment of a technical assistance referral

7. Provide opportunities for training in pollution prevention to all
appropriate department staff on an annual basis;

8. Promote and encourage the adoption of environmental management
systems as a way to achieve pollution prevention and continually improve
environmental, economic and management performance across a range of
organizations and settings, including state and local agencies,
businesses, and not-for-profit organizations;

9. Develop pollution prevention information that can be distributed by
other state agencies and public authorities that are involved in the
regulation of, or provision of financial assistance to businesses,
municipalities and not-for-profit organizations;

10. Coordinate and cooperate with federal, state and local agencies,
public and private organizations, and groups administering programs or
engaged in activities related to pollution prevention, energy
consumption, resource consumption, the use and generation of hazardous
substances, or the generation of waste or pollution; and

11. Encourage, support and undertake research, development and
technology transfer in support of pollution prevention, and coordinate
and cooperate with federal, state and local agencies, businesses and
business associations, public and private organizations, and groups
engaged in pollution prevention research, development and technology
transfer, including educational, civic and research organizations,
colleges, universities, institutes or foundations.