§ 46-12.5.1-2. Powers and duties of the director. (a) In addition to the other powers granted the director of the department of environmental management, the director shall have and may exercise these powers and duties:

(1) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated hereunder;

(2) To promulgate rules and regulations for the transportation of oil on the waters and over the land of this state; for the emergency response for the containment, cleanup, and abatement of a discharge of oil; for the assessment of penalties and recovery of costs and of damages as set forth in this chapter; and for any other procedures necessary for the implementation of this chapter;

(3) To promulgate rules and regulations for oil discharge contingency plans. The rules and regulations may at the minimum:

(i) Prohibit the transfer of oil to or from a tank vessel or oil barge without an oil discharge contingency plan that the appropriate authority has approved;

(ii) Require proof of financial responsibility by the owner or operator of the tank vessel or oil barge; and

(iii) Address catastrophic oil discharges.

(4) To exercise all incidental powers necessary to carry out the purposes of this chapter;

(b) Nothing in this chapter shall be construed to abridge the powers and duties of the director over water pollution, including the discharge of oil, as established in this title, or in chapter 17.1 or 35 of title 42, or in title 23.

History of Section. (P.L. 1997, ch. 32, § 2; P.L. 2007, ch. 340, § 42.)