§ 61-28-04 — Powers and duties

The department shall have and may exercise the following powers and duties:
1. To exercise general supervision of the administration and enforcement of this chapter
and all rules and regulations and orders promulgated thereunder.
2. To develop comprehensive programs for the prevention, control, and abatement of
new or existing pollution of the waters of the state.
3. To advise, consult, and cooperate with other agencies of the state, the federal
government, other states and interstate agencies, and with affected groups, political
subdivisions, and industries in furtherance of the purposes of this chapter.
4. To accept and administer loans and grants from the federal government and from
other sources, public or private, for carrying out any of its functions, which loans and
grants shall not be expended for other than the purposes for which provided.
5. To encourage, participate in, or conduct studies, investigations, research, and
demonstrations relating to water pollution and causes, prevention, control, and
abatement thereof as it may deem advisable and necessary for the discharge of its
duties under this chapter.
6. To collect and disseminate information relating to water pollution and the prevention,
control, and abatement thereof.
7. To issue, modify, or revoke orders:
a. Prohibiting or abating discharges of wastes into the waters of the state.
b. Requiring the construction of new disposal systems or any parts thereof or the
modification, extension, or alteration of existing disposal systems or any parts
thereof, or the adoption of other remedial measures to prevent, control, or abate
pollution.
8. To hold such hearings, to issue notices of hearings and subpoenas requiring the
attendance of such witnesses and the production of such evidence, to administer such
oaths, and to take such testimony as the department deems necessary, and any of
these powers may be exercised on behalf of the department by any members thereof
or a hearing officer designated by it.
9. To require the prior submission of plans, specifications, and other data relative to, and
to inspect the construction of, disposal systems or any part thereof in connection with
the issuance of approvals as are required by this chapter.
10. To require proper maintenance and operation of disposal systems:
a. Have the power to require the owner or operator of any point source to:
(1) Establish and maintain records.
(2) Prepare and submit a report.
(3) Install, use, and maintain monitoring equipment or methods, including,
where appropriate, biological monitoring methods.
(4) Sample effluents.
(5) Provide such other information as the department may reasonably require.
b. Have the right of entry, upon or through any premises in which an effluent source
is located, or in which any records required to be maintained pursuant to
subdivision a are located. Such power may be exercised by authorized agents,
representatives, and employees of the department.
c. Have the power to have access to and copy any records, inspect any monitoring
equipment or method required under subdivision a, or to sample any effluents
being discharged into the waters of the state.
11. To exercise all incidental powers necessary to carry out the purposes of this chapter.

12. The department is hereby designated as the state water pollution control agency for all
purposes of the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251
et seq.], and is hereby authorized to take all action necessary or appropriate to secure
to this state the benefits of that act and similar federal acts.
13. In the administration of standards of water quality, the department shall allow a
reasonable time for persons discharging wastes into the waters of the state to comply
with such standards.
14. To establish and modify, jointly with the state water commission, the classification of all
waters in accordance with their present and future most beneficial uses.
15. The department, with the cooperation of the state water commission, shall formulate
and issue standards of water quality and classification of water according to its most
beneficial uses. Such standards of quality shall be such as to protect the public health
and welfare and the present and prospective future use of such waters for public water
supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and
agricultural, industrial, and other legitimate uses.
16. To adopt effluent and new source performance standards, which include as a minimum
all categories for which the federal government has set standards pursuant to the
Federal Water Pollution Control Act, as amended. Such state standards shall be at
least as stringent as the standards adopted by the federal government.
17. To review from time to time, at intervals of not more than three years, established
classification of waters, water quality standards, and effluent standards.
18. To make rules governing the application for permits to discharge sewage, industrial
wastes, or other wastes into state waters, including rules requiring the filing of plans
and specifications relating to the construction, modification, or operation of disposal
systems.
19. To make rules governing the issuance, denial, modification, or revocation of permits.
20. To hold any hearings necessary for the proper administration of this chapter.
21. To make rules for the administration of this chapter.
22. To initiate actions in court for the enforcement of this chapter.
23. To establish minimum requirements for the treatment of wastes.
24. The department, with the cooperation of other departments, may maintain an action for
damages in the name of the state for violations of the provisions of this chapter.
25. To apply and enforce against industrial users of publicly owned treatment works, toxic
effluent standards and pretreatment standards for the introduction into such treatment
works of wastes which interfere with, pass through, or otherwise are incompatible with
such treatment works. The department may promulgate such rules and regulations as
are necessary to implement this section.
26. To impose as conditions in permits for the discharge of wastes from publicly owned
treatment works requirements for information to be provided by the permittee
concerning new introductions of wastes or substantial changes in the volume or
character of wastes being introduced into such treatment works.