R 323.2209 Department authorization of local health department to conduct certain activities.

Rule 2209. (1) The department may authorize a local health department to conduct the following activities for the department if the conditions in subrule (2) of this rule are met: (a) Inspect facilities authorized to discharge under this part or facilities discharging in violation of this part and notify the owner or operator of the facility of violations of this part. (b) Recommend to the department a decision on an authorization described in R 323.2215 and R 323.2216. Before making the recommendation, the local health department shall follow the procedures described in this part. (2) To be authorized for the activities described in subrule (1) of this rule, a local health department shall be in compliance with all of the following provisions: (a) Possess adequate legal authority to conduct the activities authorized. (b) Possess sufficient funding and adequately trained and experienced staff, as determined by the department, to fully and competently perform the activities to be authorized. (c) Conduct the activities according to the terms and conditions of this part. (3) The department shall authorize a local health department to conduct activities under this rule pursuant to all of the following procedures: (a) To request authorization, a local health department shall provide information determined necessary, and in a manner and at a time specified, by the department. In requesting authorization, the local health department may apply to conduct some or all activities described in subrule (1)(a) of this rule or subrule (1)(b) of this rule, or both. (b) If the local health department meets the qualifications in subrule (2) of this rule, then the department shall issue a document describing the activities authorized and the terms and conditions of the authorization. (c) The department shall provide funds, as may be available through monies appropriated for this purpose by the legislature, to assist a local health department in conducting the activities authorized under this rule. (d) The department may revoke the authority issued under this rule if a local health department fails to meet the conditions described in subrule (2) of this rule. (e) A local health department may relinquish authority granted by the department under this rule by written notice to the department. (4) The department may continue to exercise all of its authority granted by the act and this part notwithstanding a grant of authority to a local health department under this rule. (5) The department shall provide assistance and training to local health departments authorized under this rule in order to ensure effective and consistent implementation of this part.