§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]