§ 27-1315. Rules and regulations.

1. The commissioner shall have the power to promulgate rules and
regulations necessary and appropriate to carry out the purposes of this
title. Any regulations shall include provisions which establish the
procedures for a hearing pursuant to subdivision four of section 27-1313
of this title and shall ensure a division of functions between the
commissioner, the staff who present the case, and any hearing officers
appointed. In addition, any regulations shall set forth findings to be
based on a factual record, which must be made before the commissioner
determines that a significant threat to the environment exists.

2. Such rules and regulations of the department as shall be in effect
on the effective date of this subdivision that shall have been
promulgated to carry out the purposes of this title shall be deemed to
be revised, as of the effective date of this subdivision, to include the
definition of "hazardous waste" as it appears in section 27-1301 of this
title.