49-141. Environmental nuisances

A. The director may take action under this section to abate environmental nuisances. As used in this section, an environmental nuisance is the creation or maintenance of a condition in the soil, air or water that causes or threatens to cause harm to the public health or the environment and that is not otherwise subject to regulation under this title. Subject to this limitation, the following conditions may constitute environmental nuisances:

1. A condition or place in populous areas which constitutes a breeding place for flies, rodents, mosquitoes and other insects which are capable of carrying and transmitting disease-causing organisms to any person or persons.

2. A place, condition or building which is controlled or operated by any governmental agency, state or local, and which is not maintained in a sanitary condition.

3. Sewage, human excreta, wastewater, garbage or other organic wastes deposited, stored, discharged or exposed so as to be a potential instrument or medium in the transmission of disease to or between any person or persons.

4. A vehicle or container which is used in the transportation of garbage or human excreta and which is defective and allows leakage or spillage of contents.

5. The maintenance of an overflowing septic tank or cesspool, the contents of which may be accessible to flies.

6. The pollution or contamination of any domestic waters.

7. The use of the contents of privies, cesspools, or septic tanks or the use of sewage or sewage plant effluents for fertilizing or irrigation purposes for crops or gardens except by specific approval of the department of health services or the department of environmental quality.

8. The storage, collection, transportation, disposal and reclamation of garbage, trash, rubbish, manure and other objectionable wastes other than as provided and authorized by law and rule.

9. Water, other than that used by irrigation, industrial or similar systems for nonpotable purposes, which is sold to the public, distributed to the public or used in production, processing, storing, handling, servicing or transportation of food and drink and which is unwholesome, poisonous or contains deleterious or foreign substances or filth or disease-causing substances or organisms.

B. The director may adopt rules that prescribe minimum standards for the prevention and abatement of environmental nuisances. In adopting rules pursuant to this subsection, the director shall incorporate the criteria set forth in section 49-282.06, subsection A and shall ensure that the nuisance is abated so that it will not recur.