75-10-702. Rulemaking authority. (1) The department is authorized to adopt rules for the implementation of this part, including but not limited to:

(a) rules for listing and delisting facilities on a priority list, required by 75-10-704, based on the following criteria:

(i) a facility eligible for listing must have a confirmed release or substantial threat of a release of a hazardous or deleterious substance that may pose an imminent and substantial threat to public health, safety, or welfare or the environment and the department shall provide a written description of the nature and severity of the threat;

(ii) if remedial actions to address the hazardous or deleterious substances are required at the facility by another state program, the department shall explain, in writing, its rationale for listing the facility;

(iii) listing and delisting must be done through a formal process that provides for public participation, including participation of the affected or potentially liable persons in the decisionmaking process, by giving public notice and providing opportunity for at least one public meeting in the community most likely to be threatened by the facility that is proposed for listing or delisting; and

(iv) a facility must be delisted when another state program assumes jurisdiction or when further remedial actions are not necessary;

(b) rules for establishing and implementing a system for prioritizing facilities, including categories for maximum and high-priority facilities, as required by 75-10-704, for remedial action based on potential effects on human health and the environment.

(2) The rulemaking authority granted in subsection (1) may not invalidate the existing priorities list. Rules promulgated pursuant to subsection (1) must provide for the reevaluation of facilities on the existing priorities list. A decision by the department to list, delist, or establish a priority for a facility must be made in writing.

(3) The department shall adopt, amend, or repeal rules that allow for the joint selection of remedial action contractors acceptable to the department and any person liable for remedial action under 75-10-715.

History: En. Sec. 7, Ch. 711, L. 1985; amd. Sec. 5, Ch. 415, L. 1997; (3)En. Sec. 5, Ch. 539, L. 1997.