N.D. Cent. Code § 23.1-06-01 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-01
23.1-06-01. Definitions
Status: in_force

23.1-06-01. Definitions

For purposes of this chapter:

1. "Air contaminant" means any solid, liquid, gas, or odorous substance, or any

combination of solid, liquid, gas, or odorous substance.

2. "Air pollution" means the presence in the outdoor atmosphere of one or more air

contaminants in such quantities and duration as may be injurious to human health,

welfare, or property, animal or plant life, or which unreasonably interferes with the

enjoyment of life or property.

3. "Air quality standard" means an established concentration, exposure time, or

frequency of occurrence of a contaminant or multiple contaminants in the ambient air

which may not be exceeded.

4. "Ambient air" means the surrounding outside air.

5. "Asbestos abatement" means any demolition, renovation, salvage, repair, or

construction activity which involves the repair, enclosure, encapsulation, removal,

handling, or disposal of more than three square feet [0.28 square meter] or three linear

feet [0.91 meter] of friable asbestos material. Asbestos abatement also means any

inspections, preparation of management plans, and abatement project design for both

friable and nonfriable asbestos material.

6. "Asbestos contractor" means any person that contracts to perform asbestos

abatement for another.

7. "Asbestos worker" means any individual engaged in the abatement of more than three

square feet [0.28 square meter] or three linear feet [0.91 meter] of friable asbestos

material, except for individuals engaged in abatement at their private residence.

8. "Department" means the department of environmental quality.

9. "Emission" means a release of air contaminants into the ambient air.

10. "Emission standard" means a limitation on the release of any air contaminant into the

ambient air.

11. "Friable asbestos material" means any material containing more than one percent

asbestos that hand pressure or mechanical forces expected to act on the material can

crumble, pulverize, or reduce to powder when dry.

12. "Indirect air contaminant source" means any facility, building, structure, or installation,

or any combination that can reasonably be expected to cause or induce emissions of

air contaminants.

13. "Lead-based paint" means paint or other surface coatings that contain lead equal to or

in excess of one milligram per square centimeter or more than one-half percent by

weight.
N.D. Cent. Code § 23.1-11-05 — ND Code / Title 23.1 / Chapter 23.1-11 / Section 23.1-11-05
23.1-11-05. Ground water standards
Status: in_force

23.1-11-05. Ground water standards

The department shall establish standards for compounds in ground water as set forth by

other states and the United States environmental protection agency unless new scientifically

confirmed data provides justification for changing these standards.
N.D. Cent. Code § 23.1-14-13 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-13
23.1-14-13. Injunction proceedings
Status: in_force

23.1-14-13. Injunction proceedings

In addition to other remedies, the department may apply to the district court of Burleigh

County for a temporary or permanent injunction restraining any person from violating a provision

of this chapter regardless of whether there exists an adequate remedy at law, and appropriate

costs must be taxed by the court for all expenses to the department for the injunctive

proceedings.
N.D. Cent. Code § 23.1-14-04 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-04
23.1-14-04. Adulteration
Status: in_force

23.1-14-04. Adulteration

Antifreeze is adulterated:

1. If, in the form in which it is sold and directed to be used, it would be injurious to the

cooling system of an internal combustion engine, or if, when used in the cooling

system of such an engine, it would make the operation of the engine dangerous to the

user; or

2. If its strength, quality, or purity falls below the standard of strength, quality, or purity

under which it is sold or offered for sale.
N.D. Cent. Code § 23.1-04-16 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-16
23.1-04-16. Applicability
Status: in_force

23.1-04-16. Applicability

1. The hazardous waste provisions of this chapter do not apply to the following wastes to

the degree to which they are exempted from regulation by sections 3001(b)(2) and

3001(b)(3)(A) of the Resource Conservation and Recovery Act, as amended by the

Solid Waste Disposal Act Amendments of 1980 [Pub. L. 96-482; 42 U.S.C. 6901 et

seq.]:

a. Drilling fluids, produced water, and other wastes associated with the exploration,

development, or production of crude oil or natural gas or geothermal energy.

b. Fly ash waste, bottom ash waste, slag waste, and flue gas emission control

waste generated primarily from the combustion or gasification of coal or other

fossil fuels.

c. Solid waste from the extraction, beneficiation, and processing of ores and

minerals, including phosphate rock and overburden from the mining of uranium

ore.

d. Cement kiln dust waste.

2. If a waste disposal site for any of the wastes specified in subsection 1 is to be closed,

the owner or operator shall file a plat of the disposal site with the recorder of each

county in which the facility is located, together with a description of the wastes placed

in the site.
N.D. Cent. Code § 23.1-01-13 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-13
23.1-01-13. Contracts for inspections
Status: in_force

23.1-01-13. Contracts for inspections

The department may contract with public health units and other appropriate entities to

conduct inspections on behalf of the department or provide other services.
N.D. Cent. Code § 23.1-15-07 — ND Code / Title 23.1 / Chapter 23.1-15 / Section 23.1-15-07
23.1-15-07. Disposal of vehicle - Disposition of proceeds
Status: in_force

23.1-15-07. Disposal of vehicle - Disposition of proceeds

1. For any abandoned motor vehicle valued at more than one thousand dollars taken into

custody by a unit of government and not reclaimed under section 23.1-15-06, the

license plates displayed on the abandoned motor vehicle must be removed and

destroyed and thereafter the unit of government may:

a. Sell the abandoned motor vehicle to the highest bidder at public auction or sale,

following reasonable published notice. The purchaser must be given a receipt in a

form prescribed by the department of transportation which entitles the purchaser

to register the vehicle and receive a certificate of title, free and clear of all liens

and claims of ownership; or

b. Obtain a release from the department of transportation which is sufficient title to

dispose of the vehicle by a permitted scrap iron processor.

2. If a commercial towing service takes custody of an abandoned motor vehicle and the

vehicle is not reclaimed under section 23.1-15-06, the commercial towing service may

obtain a release from the department of transportation which is sufficient title to

dispose of the vehicle. The release entitles the commercial towing service to register

the vehicle and receive a certificate of title, free and clear of all liens and claims of

ownership. The department of transportation may not assess motor vehicle excise tax

under section 57-40.3-02 on a motor vehicle transferred under this subsection. The

license plates displayed on the abandoned vehicle must be removed and destroyed

upon receipt of the new title.

3. From the proceeds of the sale of an abandoned motor vehicle, the unit of government

or the commercial towing service may reimburse itself for the cost of towing,

preserving, and storing the vehicle, and for all notice and publication costs incurred

under this chapter. Any remainder from the proceeds of a sale must be held for the

owner of the vehicle or entitled lienholder or secured parties for ninety days and then

must be delivered to the administrator of the state abandoned property office in

accordance with chapter 47-30.2.
N.D. Cent. Code § 23.1-12-15 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-15
23.1-12-15. Revenue to the fund
Status: in_force

23.1-12-15. Revenue to the fund

Revenue from the following sources must be deposited in the state treasury and credited to

the fund:

1. Any fees collected under section 23.1-12-17;

2. Any money recovered by the fund under section 23.1-12-23, and any money paid

under an agreement, stipulation, or settlement;

3. Any interest attributable to investment of money in the fund; and

4. Any money received by the department in the form of gifts, grants, reimbursements, or

appropriations from any source intended to be used for the purposes of the fund.
N.D. Cent. Code § 23.1-15-06 — ND Code / Title 23.1 / Chapter 23.1-15 / Section 23.1-15-06
23.1-15-06. Right of owner to reclaim abandoned vehicle
Status: in_force

23.1-15-06. Right of owner to reclaim abandoned vehicle

1. The owner, secured parties, or a lienholder of an abandoned motor vehicle has a right

to reclaim such vehicle from the unit of government taking the motor vehicle into

custody upon payment of all towing and storage charges resulting from taking the

vehicle into custody within thirty days after the date of the notice required by section

23.1-15-05.

2. The owner, secured parties, or a lienholder of an abandoned motor vehicle, within

thirty days after receipt of the notice required by section 23.1-15-05, has a right to

reclaim the vehicle from a commercial towing service taking the motor vehicle into

custody upon payment of all towing and storage charges resulting from taking the

vehicle into custody.

3. Storage charges under subsection 2 may not exceed fifty dollars per day for an

abandoned passenger vehicle, pickup, van, or truck that does not exceed twenty

thousand registered gross weight pounds [9071.85 kilograms].

4. Nothing in this chapter may be construed to impair any lien of a garagekeeper under

the laws of this state or the right of a lienholder or secured parties to foreclose. For the

purposes of this section, "garagekeeper" is an operator of a parking place or

establishment, an operator of a motor vehicle storage facility, or an operator of an

establishment for the servicing, repair, or maintenance of motor vehicles.

5. This section also applies to emergency towing.
N.D. Cent. Code § 23.1-16-07 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-07
23.1-16-07. Inspection of boilers
Status: in_force

23.1-16-07. Inspection of boilers

1. The chief boiler inspector shall inspect each boiler used or proposed to be used within

this state. The inspection must be thorough as to the construction, installation,

condition, and operation as provided by the rules adopted to implement this chapter.

An exempt boiler may be inspected by the chief boiler inspector when the owner, the

owner's agent, or the user of the boiler makes written request for inspection to the

department.

2. Each boiler of one hundred thousand pounds [45359.24 kilograms] per hour or more

capacity, used or proposed to be used within this state, which has internal continuous

water treatment under the direct supervision of a graduate engineer or chemist, or one

having equivalent experience in the treatment of boiler water when the water treatment

is for the purpose of controlling and limiting serious corrosion and other deteriorating

factors, and with respect to which boiler the chief boiler inspector has determined the

owner or user has complied with the prescribed recordkeeping requirements, must be

inspected at least once every thirty-six months internally while not under pressure, and

at least once every twelve months externally while under pressure. If a hydrostatic test

is necessary to determine the safety of a boiler, the test must be conducted by the

owner or user of the equipment under the supervision of the chief boiler inspector. The

owner or user of a boiler of one hundred thousand pounds [45359.24 kilograms] per

hour or more capacity desiring to qualify for thirty-six-month internal inspection

intervals shall keep available for examination by the chief boiler inspector accurate

records showing the date and actual time the boiler is out of service and the reason for

being out of service, and the results of the chemical and physical analysis of the boiler

water, whether from laboratory analysis of samples taken at regular intervals of not

more than forty-eight hours or from continuous online analyzers, which will adequately

show the condition of the water and any other elements or characteristics of the water

capable of producing corrosion or other deterioration of the boiler or its parts. If an

inspection discloses deficiencies in equipment or in operating procedures, inspections

may be required once every twelve months.
N.D. Cent. Code § 23.1-13-10 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-10
23.1-13-10. Labeling heating oil
Status: in_force

23.1-13-10. Labeling heating oil

Every package, barrel, pump, and every tank wagon, truck, or car containing heating oil for

sale or consignment, when held within this state or when being transported into this state, must

be clearly and distinctly tagged, marked, or labeled with the designation of grade established by

the department. Every oil station pipeline for heating oil must be painted green.
N.D. Cent. Code § 23.1-14-14 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-14
23.1-14-14. Reports by department
Status: in_force

23.1-14-14. Reports by department

Except as otherwise provided, the department may publish reports of any analyses,

inspections, or research done under this chapter for the information of the public.
N.D. Cent. Code § 23.1-03-01 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-01
23.1-03-01. Definitions
Status: in_force

23.1-03-01. Definitions

For the purposes of this chapter:

1. "Byproduct material" means any radioactive material, except special nuclear material,

yielded in or made radioactive by exposure to the radiation incident to the process of

producing or utilizing special nuclear material; and the tailings or wastes produced by

the extraction, or concentration of uranium or thorium from any ore processed primarily

for its source material content.

2. "Commission" means United States nuclear regulatory commission or any successor.

3. "Department" means the department of environmental quality.

4. "General license" means a license effective under rules adopted by the department

without the filing of an application to transfer, acquire, own, possess, or use quantities

of, or devices or equipment utilizing byproduct, source, special nuclear materials, or

other radioactive material occurring naturally or produced artificially.

5. "Ionizing radiation" means gamma rays and x-rays, alpha and beta particles,

high-speed electrons, protons, neutrons, and other nuclear particles; but not sound or

radio waves, or visible, infrared, or ultraviolet light.

6. "Person" has the same meaning as under section 1-01-49, except it does not mean

the commission or federal government agencies licensed by the commission.

7. "Radioactive material" means any solid, liquid, or gas that emits ionizing radiation

spontaneously.

8. "Registration" means submitting a satisfactory registration form and receiving a

certificate of registration under chapter 23.1-02.

9. "Special nuclear material" means:

a. Plutonium, uranium-233, uranium enriched in the isotope-233 or in the

isotope-235, and any other material the department declares by rule to be special

nuclear material after the commission has determined the material to be such, but

does not include source material; or

b. Any material, other than source material, that is artificially enriched by plutonium,

uranium-233, uranium enriched in the isotope-233 or in the isotope-235, and any

other material the department declares by rule to be special nuclear material after

the commission has determined the material to be such.

10. "Specific license" means a license issued after application, to process, generate,

dispose, use, manufacture, produce, transfer, receive, acquire, own, or possess

quantities of, or devices or equipment utilizing byproduct, source, special nuclear

materials, or other radioactive material occurring naturally or produced artificially.

11. "Source material" means uranium, thorium, or any other material the department

declares by rule to be source material after the commission has determined the

material to be such; or ores containing one or more of those materials, in such

concentration as the department declares by rule to be source material after the

commission has determined the material in such concentration to be source material.

12. "Surety" means cash deposits, surety bonds, certificates of deposit, deposits of

government securities, letters of credit, and other surety mechanisms deemed

acceptable by the department.
N.D. Cent. Code § 23.1-11-02 — ND Code / Title 23.1 / Chapter 23.1-11 / Section 23.1-11-02
23.1-11-02. Administration of chapter
Status: in_force

23.1-11-02. Administration of chapter

The department of environmental quality shall administer this chapter. For purposes of this

chapter, "commissioner" means the agriculture commissioner and "department" means the

department of environmental quality. Notwithstanding section 4.1-33-03, the agriculture

commissioner shall administer chapter 4.1-33 as it relates to pesticide usage.
N.D. Cent. Code § 23.1-11-08 — ND Code / Title 23.1 / Chapter 23.1-11 / Section 23.1-11-08
23.1-11-08. Access for ground water monitoring
Status: in_force

23.1-11-08. Access for ground water monitoring

The department may request landowners or operators allow access for monitoring of

ground water and of soils at a depth where pesticides may threaten ground water. If the

department is denied access by the landowner or operator, the department may apply to any

court of competent jurisdiction for authorization to obtain access. The court, upon the application

and compliance with chapter 29-29.1, may issue the authorization for the purposes requested.

After consultation with the landowner or operator, the department shall conduct the monitoring in

a manner that causes the least possible economic impact or hindrance to the landowner's or

operator's operations. The names and addresses of landowners and operators who participate

in a pesticide ground water monitoring program are exempt under section 44-04-18 and

section 6 of article XI of the Constitution of North Dakota. This section does not apply to ground

water monitoring from wells that were installed or required to be installed by a state agency.
N.D. Cent. Code § 23.1-01-14 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-14
23.1-01-14. Environmental laboratories - Certification required - Fees
Status: in_force

23.1-01-14. Environmental laboratories - Certification required - Fees

1. The department shall establish and administer a certification program for

environmental laboratories. The department may:

a. Establish standards and procedures for certifying environmental laboratories;

b. Issue certifications to all applicants who satisfy the requirements for certification

under this section and any rules under this section, to renew certifications, and to

deny, suspend, or revoke certifications for cause after notice and opportunity for

hearing;

c. Specify in a certification the parameters and analytical procedures the

environmental laboratory is certified to conduct;

d. Conduct onsite evaluations of certified environmental laboratories and applicants

for certification;

e. Establish reasonable fees for certifying environmental laboratories, which must

be deposited in the department operating fund and spent subject to appropriation

by the legislative assembly;

f. Reject any testing or data submitted by an environmental laboratory not certified

by the department;

g. Refuse to accept testing or data from a certified environmental laboratory when

the department reasonably determines that the results do not meet reasonable

criteria for validation; and

h. Adopt and enforce rules as necessary for implementation of this section.

2. Unless exempted by the department, all environmental laboratories that conduct tests

or prepare data for submittal to the department must be certified by the department

and comply with any conditions imposed by the certification.

3. The department may grant interim approval to operate an environmental laboratory

required to obtain certification under this section if the laboratory was certified under

any department program as of July 31, 2019. An environmental laboratory with interim

approval shall apply immediately for certification once the department adopts rules for

the issuance of certifications under this section. The interim approval is valid until the

department acts on the application.
N.D. Cent. Code § 23.1-16-02 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-02
23.1-16-02. Chief boiler inspector, deputy inspectors - Appointment - Jurisdiction
Status: in_force

23.1-16-02. Chief boiler inspector, deputy inspectors - Appointment - Jurisdiction

The department shall employ a chief boiler inspector and deputy inspectors. The chief boiler

inspector has jurisdiction over all boilers in this state except as otherwise provided.
N.D. Cent. Code § 23.1-08-06 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-06
23.1-08-06. Local government ordinances
Status: in_force

23.1-08-06. Local government ordinances

Any political subdivision of the state may enact and enforce a solid waste management

ordinance that is equal to or more stringent than this chapter and the rules adopted under this

chapter.
N.D. Cent. Code § 23.1-08-04 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-04
23.1-08-04. Coal combustion residuals - Present use and disposal deemed acceptable
Status: in_force

23.1-08-04. Coal combustion residuals - Present use and disposal deemed

acceptable.

Notwithstanding any other provision of law, the legislative assembly deems the present use

and disposal of coal combustion residuals to be acceptable and that present regulation allows

for the beneficial use of coal combustion residuals in concrete, for other construction

applications, and for other innovative uses and allows for safe disposal without coal combustion

residuals being regulated as a hazardous waste. For purposes of regulating coal combustion

residuals, the term "ground water" means water below the land surface in a zone of saturation.

If a federal law or regulation is adopted pertaining to the use and disposal of coal combustion

residuals, this section does not prohibit the state from seeking state primacy of the federal

program.
N.D. Cent. Code § 23.1-16-10 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-10
23.1-16-10. Certificate of inspection - Certificate to be posted
Status: in_force

23.1-16-10. Certificate of inspection - Certificate to be posted

The department shall issue a certificate of inspection for each boiler inspected upon receipt

of an inspection report certifying that the boiler is in a safe condition to be operated. The

department shall charge a fee of thirty-five dollars per year for each year that a certificate is

valid, or part of a year thereof, for each certificate of inspection issued as the result of

inspections authorized under sections 23.1-16-07 and 23.1-16-08. The fees are the liability of

the owner or user and must be paid in accordance with rules adopted by the department. A

certificate may not be issued for any boiler not in a safe condition to be operated or for a boiler

for which the inspection and certificate fees have not been paid in full. A certificate is not valid

for a period of more than thirty-six months for power boilers described in subsection 2 of section

23.1-16-07, and no more than twelve months for other power boilers, twelve months for steam

traction engines, and thirty-six months for low-pressure boilers except that a two-month grace

period may be extended for any certificate. Upon written request from a special inspector, the

chief boiler inspector may issue a short-term certificate. Each certificate of inspection must be

posted conspicuously under glass in the boiler room or adjacent to the boiler inspected.
N.D. Cent. Code § 23.1-12-05 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-05
23.1-12-05. Adoption of rules
Status: in_force

23.1-12-05. Adoption of rules

The department shall adopt rules regarding the practices and procedures of the fund, the

form and procedure for applications for compensation from the fund, procedures for

investigation of claims, procedures for determining the amount and type of costs that are eligible

for reimbursement from the fund, procedures for persons to perform services for the fund,

procedures for appeals to the board by claimants aggrieved by an adverse decision of the

department, and any other rules as may be appropriate to administer this chapter.
N.D. Cent. Code § 23.1-03-07 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-07
23.1-03-07. Procedural requirements
Status: in_force

23.1-03-07. Procedural requirements

In licensing and regulating the processing, generation, or disposal of source material,

byproduct material, or other radioactive material occurring naturally or produced artificially, the

department shall provide:

1. In the cases of licenses:

a. An opportunity, after public notice, for written comments and a public hearing,

with a transcript.

b. A written determination of the action to be taken which is based upon findings

included in the determination and upon evidence presented during the public

comment period, and which is subject to judicial review.

c. For each licensed activity that has a significant impact on the human

environment, a written analysis prepared by the department which must be

available to the public before commencement of hearings, of the impact of the

licensed activity on the environment. The analysis must include:

(1) An assessment of the radiological and nonradiological impacts to the public

health.

(2) An assessment of any impact on any waterway and ground water.

(3) Consideration of alternatives to the activities to be conducted.

(4) Consideration of the long-term impacts of the licensed activities.

d. A prohibition of any major construction related to the licensed activities before

completing the action under this subsection.

e. An assurance that management of source material, byproduct material, or other

radioactive material occurring naturally or produced artificially is carried out in

conformance with applicable standards adopted by the department, the

commission, and the United States environmental protection agency.

2. In the case of rulemaking:

a. An opportunity for public participation through written comments or a public

hearing.

b. An opportunity for judicial review.
N.D. Cent. Code § 23.1-16-05 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-05
23.1-16-05. General requirement
Status: in_force

23.1-16-05. General requirement

Every boiler in this state must be constructed, installed, and maintained according to rules

adopted to implement this chapter.
N.D. Cent. Code § 23.1-14-02 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-02
23.1-14-02. Definitions
Status: in_force

23.1-14-02. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Antifreeze" means any substance or preparation sold, distributed, or intended for use

as the cooling liquid, or to be added to the cooling liquid, in the cooling system of

internal combustion engines to prevent freezing of the cooling liquid, to lower its

freezing point, or to raise its boiling point.

2. "Department" means the department of environmental quality.

3. "Distribute" means to hold with intent to sell to the consumer, offer for sale, to sell,

barter, or otherwise supply.

4. "Label" means any display of written, printed, or graphic matter on, or attached to, a

package or the outside individual container or wrapper of the package.

5. "Package" means a sealed retail package, drum, or other container in which antifreeze

is distributed to the consumer or a container holding no more than fifty-five gallons

[208.20 liters] from which the antifreeze is directly installed in the cooling system by

seller or reseller.
N.D. Cent. Code § 23.1-14-05 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-05
23.1-14-05. Misbranding
Status: in_force

23.1-14-05. Misbranding

Antifreeze is misbranded:

1. If it does not bear a label which specifically identifies the product, states the name and

place of business of the registrant, states the net quantity of contents in terms of liquid

measure separately and accurately in a uniform location under the principal display

panel, and contains a statement warning of any hazard of substantial injury to human

beings which may result from the intended use or reasonably foreseeable misuse of

the antifreeze;

2. If the product is to be diluted with another substance for use and its labeling does not

contain a statement or chart showing appropriate amounts of each substance to be

used to provide protection from freezing at various degrees of temperature;

3. If the labeling contains a corrosion protection claim and does not include a statement

of the amount to be used to provide such protection;

4. If its labeling contains any claim that it has been approved or recommended by the

department; or

5. If its labeling is false, deceptive, misleading, or is illegal under any law.
N.D. Cent. Code § 23.1-12-28 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-28
23.1-12-28. Matching federal funds
Status: in_force

23.1-12-28. Matching federal funds

The department and the board may annually allow the department a ten percent matching

grant for federal leaking underground storage tank funds to be paid out of the fund if the moneys

are available and the department and the board determine the allowance appropriate.
N.D. Cent. Code § 23.1-01-05 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-05
23.1-01-05. Department of environmental quality authorized to transfer future accumulated fees
Status: in_force

23.1-01-05. Department of environmental quality authorized to transfer future

accumulated fees.

The department of environmental quality may from time to time transfer unclaimed fees on

deposit with the Bank of North Dakota or other authorized depository to the state general fund

when the unclaimed status has existed for a period of at least three years.
N.D. Cent. Code § 23.1-10-10 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-10
23.1-10-10. Authority to establish and enforce remediation requirements
Status: in_force

23.1-10-10. Authority to establish and enforce remediation requirements

In determining the appropriate standards to be achieved by corrective actions taken or

requested under this chapter to protect public health and welfare and the environment from a

release or threatened release, the department shall consider the planned use of the property

where the release or threatened release is located. This chapter does not limit the authority of

the department to establish environmental standards for remediation of air, soil, or water

pollution pursuant to this title or chapters 61-28 and 61-28.1, or to enforce site-specific

environmental remediation requirements in particular cases.
N.D. Cent. Code § 23.1-04-08 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-08
23.1-04-08. Permits
Status: in_force

23.1-04-08. Permits

1. A person may not construct, substantially alter, or operate any hazardous waste

treatment, storage, or disposal facility, nor may any person treat, store, or dispose of

any hazardous waste without obtaining a permit from the department for the facility or

activity. A hazardous waste treatment, storage, or disposal facility may not be issued a

permit unless the applicant demonstrates to the satisfaction of the department that a

need for the facility exists and the facility can comply with all applicable requirements

under this chapter.

2. Permits must contain the terms and conditions the department deems necessary.

3. Permits must be issued for a period of five years.

4. Any permit issued under this section may be revoked by the department according to

the rules adopted under subsection 3 of section 23.1-04-05 at any time if the permittee

fails to comply with the terms and conditions of the permit, or with applicable

requirements under this chapter.

5. If a permit applicant proposes modifications of an existing facility or the department

determines modifications are necessary to conform to the requirements established

under this chapter, the permit must specify the time allowed to complete the

modifications.

6. a. Before the issuing of a permit the department shall:

(1) Publish in the official county newspaper of the county in which the proposed

facility will be located and in major local newspapers of general circulation

and broadcast over local radio stations notice of the department's intention

to issue the permit; and

(2) Transmit in writing notice of the department's intention to issue the permit to

each unit of local government having jurisdiction over the area in which the

facility is proposed to be located and to each state agency having any

authority under state law regarding the construction or operation of the

facility.

b. If within forty-five days the department receives written notice of opposition to the

department's intention to issue a permit and a request for a hearing, or if the

department determines on its own initiative, the department shall hold an informal

public hearing, including an opportunity for presentation of written and oral views,

on whether the department should issue a permit for the proposed facility.

Whenever possible the department shall schedule the hearing at a location

convenient to the nearest population center to the proposed facility. Notice of the

hearing must be published in the manner provided in subdivision a. The notice

must contain the date, time, place, and subject matter of the hearing.

7. Any facility required to have a permit under this chapter is exempt from the permit

requirements of chapter 23.1-08.

8. Any facility required to have a permit under this section which was in existence on

July 1, 1981, or the effective date of any statutory or regulatory change in the

hazardous waste management which requires the facility to have a permit, and has

made an application for a permit under this section must be treated as having been

issued the permit until the final administrative disposition of the application is made.
N.D. Cent. Code § 23.1-07.1-08 — ND Code / Title 23.1 / Chapter 23.1-07.1 / Section 23.1-07.1-08
23.1-07.1-08. Administrative procedure and judicial review
Status: in_force

23.1-07.1-08. Administrative procedure and judicial review

1. A proceeding under this chapter to adopt or modify rules relating to licensing

individuals for the installation or servicing of onsite wastewater treatment systems, or

for determining compliance with rules of the department, must be conducted in

accordance with the provisions of chapter 28-32.

2. An appeal of a decision issued under subsection 1, must be conducted in accordance

with the provisions of chapter 28-32.
N.D. Cent. Code § 23.1-08-06.1 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-06.1
23.1-08-06.1. Prohibition on political subdivision ordinance regulating auxiliary containers
Status: in_force

23.1-08-06.1. Prohibition on political subdivision ordinance regulating auxiliary

containers.

1. Notwithstanding any other provision of law, a political subdivision may not adopt or

enforce an ordinance that:

a. Regulates the use or disposition of an auxiliary container;

b. Prohibits or restricts an auxiliary container; or

c. Imposes a fee, charge, or tax on an auxiliary container.

2. This section may not be construed to prohibit or restrict:

a. A curbside or commercial recycling program;

b. A designated residential or commercial recycling location;

c. A political subdivision from adopting or enforcing an ordinance prohibiting littering;

or

d. A political subdivision or a public or private facility from using or regulating an

auxiliary container on property owned by the respective political subdivision or

public or private facility.
N.D. Cent. Code § 23.1-04.1-02 — ND Code / Title 23.1 / Chapter 23.1-04.1 / Section 23.1-04.1-02
23.1-04.1-02. Powers and duties of the department
Status: in_force

23.1-04.1-02. Powers and duties of the department

The department shall:

1. Administer and enforce this chapter.

2. Administer aboveground storage tank programs under this chapter.

3. Adopt, modify, repeal, and enforce rules governing the aboveground storage tanks.

4. Enter agreements with other local, state, or federal agencies regarding responsibilities

for regulating aboveground storage tanks to promote consistency in enforcement and

avoid duplication in regulation.
N.D. Cent. Code § 23.1-03-04 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-04
23.1-03-04. Licensing and registration of sources of ionizing radiation
Status: in_force

23.1-03-04. Licensing and registration of sources of ionizing radiation

1. The department shall adopt rules for the department to provide general or specific

licensing of persons to process, generate, dispose, use, manufacture, produce,

acquire, own, receive, possess, or transfer byproduct, source, special nuclear material,

and other radioactive materials occurring naturally or produced artificially, or devices or

equipment utilizing such materials. The rules must allow the department to amend,

suspend, and revoke licenses.

2. The department may exempt certain sources of ionizing radiation or kinds of uses or

users from the licensing or registration requirements under this section and in chapter

23.1-02 when the department makes a finding that the exemption of such sources of

ionizing radiation or kinds of uses or users will not constitute a significant risk to the

health and safety of the public.
N.D. Cent. Code § 23.1-14-10 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-10
23.1-14-10. Submission of formula
Status: in_force

23.1-14-10. Submission of formula

The department may require an applicant for registration to furnish a statement of the

formula of the applicant's antifreeze, unless the applicant can furnish other satisfactory evidence

that the antifreeze is not adulterated or misbranded. The statement need not include inhibitor or

other ingredients that total less than five percent by weight of the antifreeze. All statements of

formula and other trade secrets furnished under this section are privileged and confidential and

may not be made public or open to the inspection of any persons other than the department. No

statement is subject to subpoena. Nor may a statement be exhibited or disclosed before any

administrative or judicial tribunal by virtue of any order or subpoena of such tribunal without the

consent of the applicant furnishing the statement to the department.
N.D. Cent. Code § 23.1-04-09 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-09
23.1-04-09. Fees - Deposit in operating fund
Status: in_force

23.1-04-09. Fees - Deposit in operating fund

The department by rule may provide for the payment and collection of reasonable fees for

the issuance of permits or registration certificates for registering, licensing, or permitting

hazardous waste generators, transporters, and treatment, storage, recycling, or disposal

facilities. The permit or registration certificate fees must be based on the anticipated cost of

filing and processing the application, taking action on the requested permit or registration

certificate, and conducting a monitoring and inspection program to determine compliance or

noncompliance with the permit or registration certificate. Any moneys collected for permit

licensing or registration fees must be deposited in the department operating fund in the state

treasury and any expenditure from the fund is subject to appropriation by the legislative

assembly.
N.D. Cent. Code § 23.1-12-26 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-26
23.1-12-26. Third-party damages - Participation in actions and review of settlements
Status: in_force

23.1-12-26. Third-party damages - Participation in actions and review of settlements

1. An owner or operator sued for damages resulting from a release shall notify the

department within fourteen days of being served with a summons and complaint. The

owner or operator also shall advise the department if any insurer is defending the

owner or operator and provide to the department the name of that insurer.

2. An owner or operator that, before litigation, enters negotiations with a third party that

claims to have been damaged by a release, or that receives a demand for payment of

damages to a third party that claims to have been damaged by a release, shall notify

the department within fourteen days of the demand or the negotiations.

3. The department and the board shall review the conduct of any litigation or negotiation.

The department may not assume any legal costs incurred by the defendant or plaintiff,

but may participate in discovery, trial proceedings, or settlement negotiations of either

disputed liability or damages that bear on the determination of a plaintiff's damages.

4. The department and the board shall review any settlement negotiations to determine

the dollar amount of bodily injury or property damage actually, necessarily, and

reasonably incurred by third parties which, if paid by the defendant, would be

considered eligible costs.
N.D. Cent. Code § 23.1-01-07 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-07
23.1-01-07. Permit or investigatory hearings - Exemption from chapters 28-32 and 54-57
Status: in_force

23.1-01-07. Permit or investigatory hearings - Exemption from chapters 28-32 and

54-57.

A permit hearing conducted for purposes of receiving public comment or an investigatory

hearing conducted under chapters 23.1-03, 23.1-04, 23.1-06, 23.1-08, 61-28, and 61-28.1 is not

an adjudicative proceeding under chapter 28-32 and is not subject to the requirements of
N.D. Cent. Code § 23.1-01-01 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-01
23.1-01-01. Department of environmental quality established - Director appointment
Status: in_force

23.1-01-01. Department of environmental quality established - Director appointment

The department of environmental quality is established and is the primary state

environmental agency. The governor shall appoint a director of the department who shall serve

at the pleasure of the governor. The director must have a bachelor of science degree or higher

from an accredited college in a natural or physical science area of study or be a registered

professional engineer. The governor shall seek to appoint a director with at least seven years of

environmental health or relevant engineering work experience. Three years of the work

experience must include administrative and management responsibilities. Direct work

experience in North Dakota is preferred. The director may not engage in any other occupation

or business that may conflict with the statutory duties of the director. The position of director of

the department is not a classified position, and the governor shall set the salary of the director

within the limits of legislative appropriations.
N.D. Cent. Code § 23.1-10-17 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-17
23.1-10-17. Liability protections issued before August 1, 2021
Status: in_force

23.1-10-17. Liability protections issued before August 1, 2021

This chapter does not affect liability protections related to releases or threatened releases of

regulated substances issued by the department before August 1, 2021. These liability

protections remain in effect, subject to any conditions that were imposed by the department and

the statutes in effect on the date issued.
N.D. Cent. Code § 23.1-10-15 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-15
23.1-10-15. Voluntary response actions - Liability protection - Procedures
Status: in_force

23.1-10-15. Voluntary response actions - Liability protection - Procedures

1. Subject to the provisions of this section, a person that is not otherwise responsible

under this chapter or another environmental law for a release or threatened release is

not responsible solely because the person undertakes and completes response

actions to remove or remedy releases or threatened releases at an identified area of

real property in accordance with a voluntary cleanup agreement.

2. A person requesting liability protection under this section shall submit an application in

the form required by the department. The requestor also shall submit a voluntary

response action plan that includes an investigation report prepared by an appropriate

professional describing the methods and results of an investigation of the releases and

threatened releases at the identified area of real property, methods of investigation,

and the analytical results and professional's evaluation of the reported information.

The department may approve the application only if the department determines the

nature and extent of the releases and threatened releases at the identified area of real

property have been identified and evaluated adequately in the investigation report. The

department's approval also must be based on consideration of the following:

a. If reuse or development of the property is proposed, the voluntary response

action plan provides for all response actions required to carry out the proposed

reuse or development;

b. The response actions and the activities associated with any reuse or

development proposed for the property will not aggravate or contribute to

releases or threatened releases that are not required to be removed or remedied

under the voluntary response action plan, and will not interfere with or

substantially increase the cost of response actions to address the remaining

releases or threatened releases; and

c. The owner of the property or other relevant person agrees to cooperate with the

department or other persons acting at the department's direction in taking

response actions necessary to address remaining releases or threatened

releases, and to avoid any action that interferes with the response actions.

3. If the department approves the application, the department and requestor shall enter a

voluntary cleanup agreement in which the department agrees to take no action under

title 23.1 and chapters 61-28 and 61-28.1 against the requestor and those persons

identified in subsection 5 so long as the plan is implemented pursuant to the

agreement's terms and with the exercise of due care. As part of the agreement, the

department may require the owner, requestor, or other relevant person agrees to any

of the following conditions:

a. To provide access to the property;

b. To allow reasonable and necessary activities at the property, including placement

of borings, wells, equipment, and structures on the property; and

c. To enter an environmental covenant for the property containing institutional

controls under chapter 47-37. Alternatively, institutional controls may be imposed

on the property using zoning regulations under section 23.1-10-16.

4. Response actions taken under a voluntary cleanup agreement are not complete until

the department certifies completion in writing. The department shall issue a certificate

of completion if the parties demonstrate to the department's satisfaction the response

action is complete. If a voluntary response action plan does not require removal or

remedy of all regulated substances, the department may condition the certificate of

completion on the owner's, requestor's, or other relevant person's continued

compliance with conditions in the voluntary cleanup agreement or other conditions

deemed necessary by the department.

5. In addition to the person that undertakes and completes a voluntary response action

pursuant to a voluntary cleanup agreement, the liability protection provided by this

section applies to the following persons so long as the persons comply with any

conditions imposed by the department under subsection 4:

a. The owner of the identified property, if the owner is not responsible for any

release or threatened release identified in the approved voluntary response

action plan;

b. A person providing financing to the person that undertakes and completes the

response actions or that acquires or develops the identified property;

c. A fiduciary that arranges for the undertaking and completion of response actions;

and

d. A successor or assignee of a person to which the liability protection applies.

6. Notwithstanding subsection 1, when a person that is responsible for a release or

threatened release undertakes and completes response actions, the protection from

liability provided by this section applies to persons described in subsection 5 if the

response actions are undertaken and completed in accordance with the following:

a. The response actions must be undertaken and completed in accordance with a

voluntary cleanup agreement.

b. When the department issues a certificate of completion for response actions

completed by a responsible party, the department and the responsible party may

enter an agreement that resolves the responsible party's future liability to the

department for the release or threatened release addressed by the response

actions.

7. The protection from liability provided by this section does not apply to a person that:

a. Aggravates or contributes to a release or threatened release that was not

remedied under an approved voluntary response action plan; or

b. Obtains the department's approval of a voluntary cleanup agreement for

purposes of this section by fraud or misrepresentation or by knowingly failing to

disclose material information, or that knows the approval was so obtained before

taking an action that would have made the person subject to the protection of this

section.

8. This section does not affect the authority of the department to exercise any powers or

duties with respect to a new or additional release or threatened release of a regulated

substance on a property or site regulated under this section, or the right of the

department or any other person to seek legal or equitable relief against a person not

subject to a liability protection provided under this section.
N.D. Cent. Code § 23.1-01-09 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-09
23.1-01-09. Department of environmental quality - Indirect cost recoveries
Status: in_force

23.1-01-09. Department of environmental quality - Indirect cost recoveries

Notwithstanding section 54-44.1-15, the department of environmental quality may deposit

indirect cost recoveries in its operating account.
N.D. Cent. Code § 23.1-10-14 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-14
23.1-10-14. Other remedies
Status: in_force

23.1-10-14. Other remedies

This chapter does not limit the powers of the department or preclude the pursuit of any

other administrative, civil, injunctive, or criminal remedies by the department or any other

person. Administrative remedies do not need to be exhausted to proceed under this chapter.

The remedies provided by this chapter are in addition to those provided under other statutory or

common law.
N.D. Cent. Code § 23.1-07-04 — ND Code / Title 23.1 / Chapter 23.1-07 / Section 23.1-07-04
23.1-07-04. Certification
Status: in_force

23.1-07-04. Certification

When the department is satisfied an applicant is qualified by examination or otherwise to

supervise the operation of treatment plants and systems, the department shall issue a certificate

attesting to the competency of the applicant as an operator. The certificate must indicate the

classification of treatment plant or system the operator is qualified to supervise.

1. A certificate issued under this chapter is valid for only one year and expires on the first

day of January of the year after which it was issued.

2. The department may revoke or suspend the certificate of an operator issued under this

chapter if the operator has practiced fraud or deception in obtaining the certificate or in

the performance of the operator's duty as an operator; if reasonable care, judgment, or

the application of the operator's knowledge or ability was not used in the performance

of the operator's duties; or if the operator is incompetent and unable to perform

properly the operator's duties as an operator. A certificate may not be revoked or

suspended except after a hearing before the director of the department, or the

director's designated representative. If a certificate is suspended or revoked, a new

application for certification may be considered by the department only after the

conditions causing the suspension or revocation have been corrected, and evidence of

this fact has been satisfactorily submitted to the department. A new certificate may

then be granted by the department.

3. Certificates in appropriate classification issued to operators before the effective date of

this chapter continue in effect.
N.D. Cent. Code § 23.1-12-04 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-04
23.1-12-04. Administration of fund - Staff
Status: in_force

23.1-12-04. Administration of fund - Staff

The department shall administer the fund according to this chapter. The department shall

convene the board as may be necessary to keep the board apprised of the fund's general

operations. However, the board shall meet at least once each half of each calendar year to

review and to advise the department regarding the administration of the fund, the fund's general

operations, and to hear and decide denials of claims by the department which may be appealed

to the board, and to discuss all claims against the fund. The department may employ any

assistance and staff necessary to administer the fund within the limits of legislative

appropriation. A claimant aggrieved by a decision of the department regarding a claim upon the

fund may appeal the decision to the board. The board may sustain, modify, or reverse the

decision of the department. The claimant or the department may appeal the board's decision

under chapter 28-32.
N.D. Cent. Code § 23.1-15-05 — ND Code / Title 23.1 / Chapter 23.1-15 / Section 23.1-15-05
23.1-15-05. Notice to owner and law enforcement of abandoned vehicle
Status: in_force

23.1-15-05. Notice to owner and law enforcement of abandoned vehicle

1. When an abandoned motor vehicle does not fall within the provisions of section

23.1-15-04, the unit of government or commercial towing service taking it into custody

shall give notice of the taking within ten days or within ten days after communications

from the owner, lienholder, or identifiable secured parties of the abandoned motor

vehicle have ceased. The notice must set forth the date and place of the taking, the

year, make, model, and serial number of the abandoned motor vehicle, and the place

where the vehicle is being held, must inform the owner and any lienholders or

identifiable secured parties of their right to reclaim the vehicle under section

23.1-15-06, must state that failure of the owner, lienholders, or identifiable secured

parties to exercise their right to reclaim the vehicle within thirty days is deemed a

waiver by the owner, lienholders, or secured parties of all right, title, and interest in the

vehicle and a consent to the disposal of the vehicle pursuant to section 23.1-15-07,

and must state the end date of the thirty-day period during which the owner may

reclaim the abandoned motor vehicle.

2. The notice must be sent by certified mail, return receipt requested, to the registered

owner, if any, of the abandoned motor vehicle and to all readily identifiable lienholders

or secured parties of record. If it is impossible to determine with reasonable certainty

the identity and address of the registered owner and all lienholders, the notice must be

published once in a newspaper of general circulation in the area where the motor

vehicle was abandoned or placed on the official website for the unit of government that

initiated the impound process from public property. When posted on a website, the

notice must be placed in a designated area on the official website for a minimum of

thirty days and must include the information in subsection 1. Published notices may be

grouped together for convenience and economy. Failure of the owner, lienholders, or

secured parties to exercise the right to reclaim the abandoned motor vehicle by the

end of the public notice period is deemed a waiver by the owner, lienholders, or

secured parties of all right, title, and interests in the vehicle and a consent to the

disposal of the vehicle pursuant to section 23.1-15-07.

3. Subject to section 23.1-15-04, a commercial towing service that takes an abandoned

motor vehicle into custody shall provide notice to the law enforcement agency having

jurisdiction in the location from which the motor vehicle was towed within twelve hours

after completing the tow.

4. Notice under subsection 3 must include:

a. The license plate number and state of registration;

b. The location from which the abandoned motor vehicle was towed;

c. The location to which the abandoned motor vehicle was towed;

d. The name, address, and telephone number of the commercial towing service that

towed and is storing the abandoned motor vehicle; and

e. A description of the abandoned motor vehicle, including make, model, year, and

color.

5. A commercial towing service that violates subsection 3 may not collect a storage fee

under section 23.1-15-06 and shall return the motor vehicle to the registered owner at

no cost to the owner, lienholder, or identifiable secured party.
N.D. Cent. Code § 23.1-03-05 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-05
23.1-03-05. Custody of disposal sites
Status: in_force

23.1-03-05. Custody of disposal sites

1. Any radioactive materials license issued or renewed for any activity that results in

processing, generating, or disposing of source material, byproduct material, or other

radioactive material occurring naturally or produced artificially must contain any terms

and conditions the department finds necessary to assure that, prior to termination of

the license:

a. The licensee will comply with any decontamination, decommissioning, and

stabilization standards prescribed by the department, which must be equivalent to

or more stringent than those of the commission for sites, structures, and

equipment used in conjunction with the processing, generation, or disposal of

source material, byproduct material, or other radioactive material occurring

naturally or produced artificially; and

b. Ownership of any disposal site and source material, byproduct material, or other

radioactive material occurring naturally or produced artificially which resulted from

the licensed activity must, subject to subsection 2, be transferred to the United

States if provided by federal law, or this state if the state exercises the option to

acquire land used for the disposal of the source material, byproduct material, or

other radioactive material occurring naturally or produced artificially.

2. a. The department shall require by rule or order that before the termination of any

license, title to the land and any interests in the land, other than land held in trust

by the United States for any Indian tribe or owned by an Indian tribe subject to a

restriction against alienation imposed by the United States or land already owned

by the United States or by the state, used for the disposal of source material,

byproduct material, or other radioactive material occurring naturally or produced

artificially pursuant to a license, must be transferred to the United States if

provided by federal law, or this state, unless the commission and the department

determine before the termination that transfer of title is not necessary to protect

the public health, safety, or welfare, or to minimize danger to life or property.

b. If transfer to the state of title to the land, source material, byproduct material, or

other radioactive material occurring naturally or produced artificially is required,

the department shall maintain the material and land in a manner that will protect

the public health, safety, and the environment.

c. The department may undertake any monitoring, maintenance, and emergency

measures necessary to protect the public health and safety for materials and

property for which it has assumed custody under this chapter.

d. The transfer of title to land or source material, byproduct material, or other

radioactive material occurring naturally or produced artificially, to the state does

not relieve any licensee of liability for any fraudulent or negligent acts done prior

to the transfer.

e. Material and land transferred to either the United States or the state under this

section must be transferred without cost to the United States or the state other

than administrative and legal costs incurred by the United States or the state in

carrying out the transfer.

3. Land used for the disposal of technologically enhanced naturally occurring radioactive

material is not subject to subsection 2.
N.D. Cent. Code § 23.1-14-01 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-01
23.1-14-01. Administration
Status: in_force

23.1-14-01. Administration

The department of environmental quality shall administer this chapter.
N.D. Cent. Code § 23.1-07-06.1 — ND Code / Title 23.1 / Chapter 23.1-07 / Section 23.1-07-06.1
23.1-07-06.1. Administrative procedure and judicial review
Status: in_force

23.1-07-06.1. Administrative procedure and judicial review

1. A proceeding under this chapter to adopt or modify rules relating to the certification

and regulation of water distribution and wastewater system operators, or for

determining compliance with rules of the department, must be conducted in

accordance with the provisions of chapter 28-32.

2. An appeal of a decision issued under subsection 1, must be conducted in accordance

with the provisions of chapter 28-32.
N.D. Cent. Code § 23.1-12-14 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-14
23.1-12-14. Other remedies
Status: in_force

23.1-12-14. Other remedies

This chapter does not limit the powers of the department, or preclude the pursuit of any

other administrative, civil, injunctive, or criminal remedies by the department or any other

person. Administrative remedies need not be exhausted to proceed under this chapter. The

remedies provided by this chapter are in addition to those provided under existing statutory or

common law.
N.D. Cent. Code § 23.1-13-15 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-15
23.1-13-15. Sale of prohibited gasolines - Penalty
Status: in_force

23.1-13-15. Sale of prohibited gasolines - Penalty

Any person violating any of the provisions of section 23.1-13-14 is guilty of a class B

misdemeanor.
N.D. Cent. Code § 23.1-03-15 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-15
23.1-03-15. Penalties
Status: in_force

23.1-03-15. Penalties

1. Any person violating this chapter or any permit condition, rule, order, limitation, or

other applicable requirement implementing this chapter is subject to a civil penalty not

to exceed twelve thousand five hundred dollars per day per violation, unless the

penalty for the violation is otherwise specifically provided for and made exclusive in

this chapter.

2. Any person willfully violating any provision of this chapter or any permit condition, rule,

order, limitation, or other applicable requirement implementing this chapter is guilty of

a class C felony, unless the penalty for the violation is otherwise specifically provided

for and made exclusive in this chapter.

3. Any person willfully making any false statement, representation, or certification in any

application, record, report, plan, or other document filed or required to be maintained

under this chapter or any permit condition, rule, order, limitation, or other applicable

requirement implementing this chapter or falsifying, tampering with, or willfully

rendering inaccurate any monitoring device or method required to be maintained under

this chapter or any permit condition, rule, order, limitation, or other applicable

requirement implementing this chapter is guilty of a class C felony, unless the penalty

for the violation is otherwise specifically provided for and made exclusive in this

chapter.
N.D. Cent. Code § 23.1-08-07 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-07
23.1-08-07. Littering and open burning prohibited - Penalty
Status: in_force

23.1-08-07. Littering and open burning prohibited - Penalty

1. A person may not discard and abandon litter, furniture, or major appliances upon

public property or upon private property not owned by that person, unless the property

is designated for the disposal of litter, furniture, or major appliances and that person is

authorized to use the property for that purpose.

2. A person may not engage in the open burning of solid waste, unless the burning is

conducted in accordance with rules adopted by the department.

3. A person violating this section is guilty of an infraction for which a minimum fine of two

hundred dollars must be imposed, except if the litter discarded and abandoned

amounted to more than one cubic foot [0.0283 cubic meter] in volume or if the litter

consisted of furniture or a major appliance, the offense is a class B misdemeanor and

the person is subject to the civil penalty provided in section 23.1-08-23.
N.D. Cent. Code § 23.1-13-19 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-19
23.1-13-19. Department may designate ports of entry and hold cars for inspection - Penalty
Status: in_force

23.1-13-19. Department may designate ports of entry and hold cars for inspection -

Penalty.

The department may designate ports of entry of all transportation companies carrying

petroleum products into this state for sale or consignment and may hold or delay any car or

other vehicle of transportation entering this state carrying such products for sale or consignment

until samples thereof have been obtained for inspection and analysis and until any other

required information regarding the products contained in the shipment has been secured. The

department may not hold or delay any shipment or consignment of petroleum products at the

port of entry if the transportation company carrying such products will permit proper inspection

and sampling of shipments or consignments at convenient designated points without the state,

and will permit the inspection of transportation records and provide adequate information

regarding the records of cars or other vehicles carrying such products at division points or at

other places within or without the state where such cars or other vehicles, in normal practice,

are stopped and held for switching and rearrangement or where ample opportunity is provided

for proper inspection and sampling. The failure on the part of a transportation company or any of

its officers or employees to hold any car or other vehicle of transportation for inspection is a

class B misdemeanor.
N.D. Cent. Code § 23.1-13-06 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-06
23.1-13-06. Retail sale of alternative fuels - Notice required
Status: in_force

23.1-13-06. Retail sale of alternative fuels - Notice required

A dealer may not sell at retail alternative fuel unless the dispensing unit and price

advertising contains the name and main components of the alternative fuel or alternative fuel

blend. The disclosure must follow the same labeling specifications that apply for

petroleum-based fuels. The department shall adopt rules under chapter 28-32 for labeling of

petroleum products and alternative fuels. A producer of alternative fuels or alternative fuel

blends may provide a retailer with a label promoting the benefits of the alternative fuel if the

label meets the requirements of this section.
N.D. Cent. Code § 23.1-07-07 — ND Code / Title 23.1 / Chapter 23.1-07 / Section 23.1-07-07
23.1-07-07. Unlawful operation
Status: in_force

23.1-07-07. Unlawful operation

Except as provided in this section, it is unlawful for any person to operate a water treatment

plant or water distribution system serving twenty-five or more individuals or a wastewater

treatment plant or wastewater collection system serving a population equivalent of twenty-five or

more individuals unless the competency of the operator to operate such a plant or system is

certified by the department in a grade corresponding to the classification of that portion of the

system to be supervised. Operators of wastewater collection systems and wastewater

stabilization ponds or other nonmechanical wastewater treatment plants that serve a population

equivalent of less than five hundred individuals are excluded from this chapter. Operators of

water supply systems that serve other than year-round residents are excluded from this chapter

if all of the following conditions are met:

1. The water supply is obtained solely from ground water sources not under the direct

influence of surface water.

2. Treatment, if provided, consists strictly of disinfection, fluoridation, sequestration,

corrosion control, or other processes that involve simple chemical addition and minor

operational control.

3. The water supply system is not required by the federal Safe Drinking Water Act or its

implementing regulations to be operated by qualified personnel.
N.D. Cent. Code § 23.1-04-11 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-11
23.1-04-11. Disclosure of information before issuance, renewal, transfer, or major modification of permit
Status: in_force

23.1-04-11. Disclosure of information before issuance, renewal, transfer, or major

modification of permit.

Before an application for the issuance, renewal, transfer, or major modification of a permit

under this chapter may be granted, the applicant shall submit to the department a disclosure

statement executed under oath or affirmation. The department shall verify and may investigate

the information in the statement and shall deny an application for the issuance, renewal,

transfer, or major modification of a permit if the applicant has intentionally misrepresented or

concealed any material fact in a statement required under this section, a judgment of criminal

conviction for violation of any federal or state environmental laws has been entered against the

applicant within five years before the date of submission of the application, or the applicant has

knowingly and repeatedly violated any state or federal environmental protection laws. The

disclosure statement must include:

1. The name and business address of the applicant.

2. A description of the applicant's experience in managing the type of waste that will be

managed under the permit.

3. A description of every civil and administrative complaint against the applicant for the

violation of any state or federal environmental protection law which has resulted in a

fine or penalty of more than ten thousand dollars within five years before the date of

the submission of the application.

4. A description of every pending criminal complaint alleging the violation of any state or

federal environmental protection law.

5. A description of every judgment of criminal conviction entered against the applicant

within five years before the date of submission of the application for the violation of

any state or federal environmental protection law.

6. A description of every judgment of criminal conviction of a felony constituting a crime

involving fraud or misrepresentation under the laws of any state or of the United States

which has been entered against the applicant within five years before the date of

submission of the application.
N.D. Cent. Code § 23.1-08-22 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-22
23.1-08-22. Exemption
Status: in_force

23.1-08-22. Exemption

The provisions of this chapter, and the rules or orders authorized under the chapter, do not

prevent an individual who resides on unplatted land in unincorporated areas of this state from

disposing of that individual's normal household wastes on that individual's property, so long as

doing so does not create a health hazard or nuisance.
N.D. Cent. Code § 23.1-06-10 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-10
23.1-06-10. Fees - Deposit in operating fund
Status: in_force

23.1-06-10. Fees - Deposit in operating fund

The department by rule may prescribe and provide for the payment and collection of

reasonable fees for permits and registration certificates. The fees must be based on the

anticipated cost of filing and processing the application, taking action on the requested permit or

registration certificate, and conducting an inspection program to determine compliance or

noncompliance with the permit or registration certificate. Any moneys collected for permit or

registration fees must be deposited in the department operating fund in the state treasury and

must be spent subject to appropriation by the legislative assembly.
N.D. Cent. Code § 23.1-07-03 — ND Code / Title 23.1 / Chapter 23.1-07 / Section 23.1-07-03
23.1-07-03. Classification of plants and systems
Status: in_force

23.1-07-03. Classification of plants and systems

The department shall classify all water treatment plants, water distribution systems,

wastewater treatment plants, and wastewater collection systems with due regard to the size,

type, character of water and wastewater to be treated, and other physical conditions affecting

such facilities, and according to the skill, knowledge, and experience that an operator in

responsible charge must have to successfully supervise the operation of such facilities, so as to

protect the public health and prevent pollution of the waters of the state.
N.D. Cent. Code § 23.1-04-14 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-14
23.1-04-14. Imminent hazard
Status: in_force

23.1-04-14. Imminent hazard

Upon receipt of information that the past or present handling, storage, transportation,

treatment, or disposal of any waste or regulated substance may present an imminent and

substantial endangerment to health or the environment, the department may take emergency

action necessary to protect health or the environment.
N.D. Cent. Code § 23.1-04-17 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-17
23.1-04-17. Limited liability for subsequent owners of property
Status: in_force

23.1-04-17. Limited liability for subsequent owners of property

1. Notwithstanding any other provision of law and except as expressly provided by

federal law, a person that acquires property is not liable for any existing hazardous

waste or substance on the property if:

a. The person acquired the property after the disposal or placement of the

hazardous waste or substance on, in, or at the property, and at the time the

person acquired the property that person did not know and had no reason to

know any hazardous waste or substance was disposed of on, in, or at the

property;

b. The person is a governmental entity that acquired the property by escheat, by tax

sale, foreclosure, or through any other involuntary transfer or acquisition, or

through the exercise of eminent domain authority by purchase or condemnation;

or

c. The person acquired the property by inheritance or bequest and that person did

not know and had no reason to know that any hazardous waste or substance was

disposed of on, in, or at the property.

2. To establish the person had no reason to know, the person must have undertaken, at

the time of acquisition, all appropriate inquiry into the previous ownership and uses of

the property consistent with good commercial or customary practice in an effort to

minimize liability. For purposes of this requirement, a court shall take into account any

specialized knowledge or experience on the part of the person, the relationship of the

purchase price to the value of the property as uncontaminated, commonly known or

reasonably ascertainable information about the property, the obviousness of the

presence or likely presence of contamination at the property, and the ability to detect

the contamination by appropriate inspection.

3. A person that has acquired real property may establish a rebuttable presumption that

the person has made all appropriate inquiry if the person establishes that, immediately

before or at the time of acquisition, the person performed an investigation of the

property, conducted by an environmental professional, to determine or discover the

obviousness of the presence or likely presence of a release or threatened release of

hazardous waste or substances on the property.

4. The presumption does not arise unless the person has maintained a compilation of the

information reviewed in the course of the investigation.

5. This section does not diminish the liability of any previous owner or operator of the

property which would otherwise be liable under this chapter, and nothing in this section

affects the liability under this chapter of a person that, by any act or omission, caused

or contributed to the release or threatened release of a hazardous waste or substance

the subject of the action relating to the property.

6. As used in this section, environmental professional means an individual, or entity

managed or controlled by an individual, who, through academic training, occupational

experience, and reputation, such as engineers, environmental consultants, and

attorneys, can objectively conduct one or more aspects of an environmental

investigation.
N.D. Cent. Code § 23.1-06-08 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-08
23.1-06-08. Classification and reporting of air pollution sources
Status: in_force

23.1-06-08. Classification and reporting of air pollution sources

1. After consultation with the environmental review advisory council the department, by

rule, may classify air contaminant sources according to levels and types of emissions

and other criteria that relate to air pollution, and may require reporting for any class.

Classifications made under this subsection may apply to the state as a whole or to any

designated area of the state, and must be made with special reference to effects on

health, economic, and social factors and physical effects on property.

2. A person operating or responsible for the operation of air contaminant sources of any

class for which reporting is required shall make reports containing information the

department deems relevant to air pollution.
N.D. Cent. Code § 23.1-06-07 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-07
23.1-06-07. Requirements for adoption of air quality rules more strict than federal standards
Status: in_force

23.1-06-07. Requirements for adoption of air quality rules more strict than federal

standards.

1. Notwithstanding any other provisions of this title, the department may not adopt air

quality rules or standards affecting coal conversion and associated facilities, coal-

fueled electric generating units, petroleum refineries, or oil and gas production and

processing facilities which are more strict than federal rules or standards under the

federal Clean Air Act [42 U.S.C. 7401 et seq.], nor may the department adopt air

quality rules or standards affecting such facilities when there are no corresponding

federal rules or standards, unless the more strict or additional rules or standards are

based on a risk assessment that demonstrates a substantial probability of significant

impacts to public health or property, a cost-benefit analysis that affirmatively

demonstrates that the benefits of the more stringent or additional state rules and

standards will exceed the anticipated costs, and the independent peer reviews

required by this section.

2. The department shall hold a hearing on any rules or standards proposed for adoption

under this section on not less than ninety days' notice. The notice of hearing must

specify all studies, opinions, and data that have been relied upon by the department

and must state that the studies, risk assessment, and cost-benefit analysis that

support the proposed rules or standards are available at the department for inspection

and copying. If the department intends to rely upon any studies, opinions, risk

assessments, cost-benefit analyses, or other information not available from the

department when it gave its notice of hearing, the department shall give a new notice

of hearing not less than ninety days before the hearing which clearly identifies the

additional or amended studies, analyses, opinions, data, or information upon which the

department intends to rely and conduct an additional hearing if the first hearing has

already been held.

3. In this section:

a. "Cost-benefit analysis" means both the analysis and the written document that

contains:

(1) A description and comparison of the benefits and costs of the rule and of the

reasonable alternatives to the rule. The analysis must include a

quantification or numerical estimate of the quantifiable benefits and costs.

The quantification or numerical estimate must use comparable assumptions,

including time periods, specify the ranges of predictions, and explain the

margins of error involved in the quantification methods and estimates being

used. The costs that must be considered include the social, environmental,

and economic costs that are expected to result directly or indirectly from

implementation or compliance with the proposed rule.

(2) A reasonable determination whether as a whole the benefits of the rule

justify the costs of the rule and that the rule will achieve the rulemaking

objectives in a more cost-effective manner than other reasonable

alternatives, including the alternative of no government action. In evaluating

and comparing the costs and benefits, the department may not rely on cost,

benefit, or risk assessment information that is not accompanied by data,

analysis, or supporting materials that would enable the department and

other persons interested in the rulemaking to assess the accuracy, reliability,

and uncertainty factors applicable to the information.

b. "Risk assessment" means both the process used by the department to identify

and quantify the degree of toxicity, exposure, or other risk posed for the exposed

individuals, populations, or resources, and the written document containing an

explanation of how the assessment process has been applied to an individual

substance, activity, or condition. The risk assessment must include a discussion

that characterizes the risks being assessed. The risk characterization must

include the following elements:

(1) A description of the exposure scenarios used, the natural resources or

subpopulations being exposed, and the likelihood of these exposure

scenarios expressed in terms of probability.

(2) A hazard identification that demonstrates whether exposure to the

substance, activity, or condition identified is causally linked to an adverse

effect.

(3) The major sources of uncertainties in the hazard identification, dose-

response, and exposure assessment portions of the risk assessment.

(4) When a risk assessment involves a choice of any significant assumption,

inference, or model, the department, in preparing the risk assessment, shall:

(a) Rely only upon environmental protection agency-approved air

dispersion models.

(b) Identify the assumptions, inferences, and models that materially affect

the outcome.

(c) Explain the basis for any choices.

(d) Identify any policy decisions or assumptions.

(e) Indicate the extent to which any model has been validated by, or

conflicts with, empirical data.

(f) Describe the impact of alternative choices of assumptions, inferences,

or mathematical models.

(5) The range and distribution of exposures and risks derived from the risk

assessment.

c. The risk assessment and cost-benefit analysis performed by the department must

be independently peer reviewed by qualified experts selected by the

environmental review advisory council.

4. This section applies to any petition submitted to the department under section

23.1-01-04 which identifies air quality rules or standards affecting coal conversion

facilities, coal-fueled electric generating units, or petroleum refineries that are more

strict than federal rules or standards under the federal Clean Air Act [42 U.S.C. 7401

et seq.] or for which there are no corresponding federal rules or standards, regardless

of whether the department has previously adopted the more strict or additional rules or

standards pursuant to section 23.1-01-04. This section also applies to any petitions

filed under section 23.1-01-04 affecting coal conversion facilities, coal-fueled electric

generating units, or petroleum refineries that are pending on the effective date of this

section for which new rules or standards have not been adopted, and the department

shall have a reasonable amount of additional time to comply with the more stringent

requirements of this section. To the extent section 23.1-01-04.1 conflicts with this

section, the provisions of this section govern. This section does not apply to existing

rules that set air quality standards for odor, hydrogen sulfide, visible and fugitive

emissions, or emission standards for particulate matter and sulfur dioxide, but does

apply to new rules governing those standards.
N.D. Cent. Code § 23.1-01-10 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-10
23.1-01-10. Zoning regulation of concentrated animal feeding operations - Central repository
Status: in_force

23.1-01-10. Zoning regulation of concentrated animal feeding operations - Central

repository.

The department of environmental quality shall establish, operate, and maintain an

electronically accessible central repository for all county and township zoning regulations that

pertain to concentrated animal feeding operations. The county auditor of a county and a

township clerk of a township having a zoning regulation that pertains to concentrated animal

feeding operations shall file the regulation with the department of environmental quality for

inclusion in the central repository.
N.D. Cent. Code § 23.1-08-09 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-09
23.1-08-09. Permits (Contingent expiration date - See note)
Status: in_force

23.1-08-09. Permits. (Contingent expiration date - See note)

1. The department may issue permits for solid waste management facilities and solid

waste transporters. A person may not own, operate, or use a facility for solid waste

disposal or transport solid wastes without a valid permit. Upon receipt of a permit

application, the department shall give public notice, in the official newspaper of the

county in which the facility is to be located, that the department is considering an

application for a solid waste management facility. The notice must state the name of

the applicant, the location of the facility, and a description of the facility. The

department shall require as a condition of a permit for a solid waste management

facility, not owned or operated by the state or a political subdivision, that any entity that

controls the permitholder agrees to accept responsibility for any remedial measures,

closure and postclosure care, or penalties incurred by the permitholder. For purposes

of this section, "control" means ownership or control, directly, indirectly, or through the

actions of one or more persons of the power to vote twenty-five percent or more of any

class of voting shares of a permitholder, or the direct or indirect power to control in any

manner the election of a majority of the directors of a permitholder, or to direct the

management or policies of a permitholder, whether by individuals, corporations,

partnerships, trusts, or other entities or organizations of any type. All permits are

nontransferable, are for a term of not more than ten years from the date of issuance,

and are conditioned upon the observance of the laws of the state and the rules

adopted under this chapter.

2. For each permit application, the department shall notify the board of county

commissioners of a county in which a new solid waste management facility will be

located of the department's intention to issue a permit for the facility. The board of

county commissioners may call a special election to be held within sixty days after

receiving notice from the department to allow the qualified electors of the county to

vote to approve or disapprove of the facility based on public interest and impact on the

environment. If a majority of the qualified electors voting on the question in the election

vote to disapprove of the facility, the department may not issue the permit and the

facility may not be located in that county.

3. Notwithstanding subsection 2, if the new solid waste management facility will be

owned or operated by a solid waste management authority, a special election to

approve or disapprove of a facility may be called only if the boards of county

commissioners from a majority of the counties in the solid waste management district

call for a special election. However, a special election must be conducted in each

county within the authority. If a majority of the qualified electors voting on the question

in the election vote to disapprove of the facility, the department may not issue the

permit.

4. Subsections 2 and 3 do not apply to a solid waste management facility operated as

part of an energy conversion facility or part of a surface coal mining and reclamation

operation, if the solid waste management facility disposes of only waste generated by

the energy conversion facility or surface coal mining and reclamation operation.

Permits. (Contingent effective date - See note)

1. The department may issue permits for solid waste management facilities and solid

waste transporters. A person may not own, operate, or use a facility for solid waste

disposal or transport solid wastes without a valid permit. Upon receipt of a permit

application, the department shall give public notice, in the official newspaper of the

county in which the facility is to be located, that the department is considering an

application for a solid waste management facility. The notice must state the name of

the applicant, the location of the facility, and a description of the facility. The

department shall require as a condition of a permit for a solid waste management

facility, not owned or operated by the state or a political subdivision, that any entity that

controls the permitholder agrees to accept responsibility for any remedial measures,

closure and postclosure care, or penalties incurred by the permitholder. For purposes

of this section, "control" means ownership or control, directly, indirectly, or through the

actions of one or more persons of the power to vote twenty-five percent or more of any

class of voting shares of a permitholder, or the direct or indirect power to control in any

manner the election of a majority of the directors of a permitholder, or to direct the

management or policies of a permitholder, whether by individuals, corporations,

partnerships, trusts, or other entities or organizations of any type. All permits are

transferable, are for a term of not more than ten years from the date of issuance, and

are conditioned upon the observance of the laws of the state and the rules adopted

under this chapter.

2. For each permit application, the department shall notify the board of county

commissioners of a county in which a new solid waste management facility will be

located of the department's intention to issue a permit for the facility. The board of

county commissioners may call a special election to be held within sixty days after

receiving notice from the department to allow the qualified electors of the county to

vote to approve or disapprove of the facility based on public interest and impact on the

environment. If a majority of the qualified electors voting on the question in the election

vote to disapprove of the facility, the department may not issue the permit and the

facility may not be located in that county.

3. Notwithstanding subsection 2, if the new solid waste management facility will be

owned or operated by a solid waste management authority, a special election to

approve or disapprove of a facility may be called only if the boards of county

commissioners from a majority of the counties in the solid waste management district

call for a special election. However, a special election must be conducted in each

county within the authority. If a majority of the qualified electors voting on the question

in the election vote to disapprove of the facility, the department may not issue the

permit.

4. Subsections 2 and 3 do not apply to a solid waste management facility operated as

part of an energy conversion facility or part of a surface coal mining and reclamation

operation, if the solid waste management facility disposes of only waste generated by

the energy conversion facility or surface coal mining and reclamation operation.
N.D. Cent. Code § 23.1-06-12 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-12
23.1-06-12. Confidentiality of records
Status: in_force

23.1-06-12. Confidentiality of records

1. Any record, report, or information obtained under this chapter must be available to the

public. However, upon a showing satisfactory to the department that disclosure to the

public of a part of the record, report, or information, other than emission data, to which

the department has access under this chapter, would divulge trade secrets, the

department shall consider that part of the record, report, or information confidential.

2. This section may not prevent disclosure of any report, or record of information to

federal, state, or local agencies when necessary for purposes of administration of any

federal, state, or local air pollution control laws, or when relevant in any proceeding

under this chapter.
N.D. Cent. Code § 23.1-08-08 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-08
23.1-08-08. Prohibition in landfill disposal - Lead-acid batteries accepted as trade-ins
Status: in_force

23.1-08-08. Prohibition in landfill disposal - Lead-acid batteries accepted as trade-ins

1. Infectious waste must be properly treated before disposal by methods approved by the

department. A person may not knowingly deposit in a landfill untreated infectious

waste.

2. Except as provided in subsection 3, a person may not place in municipal waste or

discard or dispose of in a landfill lead-acid batteries, used motor oil, wind turbine

blades, or major appliances.

3. If resource recovery markets are not available for the items listed in subsection 2, the

items must be disposed of in a manner approved by the department.

4. Lead-acid batteries must be accepted as trade-ins for new lead-acid batteries by any

person who sells lead-acid batteries at retail.
N.D. Cent. Code § 23.1-12-17.1 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-17.1
23.1-12-17.1. Registration fees before adoption of rules
Status: in_force

23.1-12-17.1. Registration fees before adoption of rules

Expired under S.L. 2019, ch. 24, § 34.
N.D. Cent. Code § 23.1-07.1-01 — ND Code / Title 23.1 / Chapter 23.1-07.1 / Section 23.1-07.1-01
23.1-07.1-01. Definitions
Status: in_force

23.1-07.1-01. Definitions

For the purposes of this chapter:

1. "Department" means the department of environmental quality.

2. "Install" means to place or replace a part of an onsite waster treatment system,

whether new or existing, to make it ready for use.

3. "License" means authorization by the department for an individual to engage in the

business of installing an onsite wastewater treatment system.

4. "Onsite wastewater treatment system" means a wastewater treatment system or part

thereof, serving a dwelling or building, or group thereof, which uses soil treatment and

disposal. The term commonly may be known as a septic system.

5. "Permit" means authorization from a local public health unit or other political

subdivision to install an onsite wastewater treatment system, in accordance with the

specific site and rules adopted under this title.
N.D. Cent. Code § 23.1-13-12 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-12
23.1-13-12. Specifications for petroleum products - Tests used
Status: in_force

23.1-13-12. Specifications for petroleum products - Tests used

Specifications for gasoline, kerosene, tractor fuel, diesel oil, heating oil, lubricating oil,

alternative fuels, and liquefied petroleum gases, including propane, propylene, normal butane or

isobutane, and butylene, must be determined by the department and must be based upon

nationally recognized standards. When so determined by the department and adopted and

promulgated as regulations and orders of the department in accordance with chapter 28-32,

such specifications must be the specifications for such petroleum products sold in this state and

official tests of such petroleum products must be based upon test specifications so determined

adopted and promulgated.
N.D. Cent. Code § 23.1-02-01 — ND Code / Title 23.1 / Chapter 23.1-02 / Section 23.1-02-01
23.1-02-01. Definitions
Status: in_force

23.1-02-01. Definitions

For the purposes of this chapter:

1. "Department" means the department of environmental quality.

2. "Radiation" means gamma rays and x-rays, alpha and beta particles, high-speed

electrons, neutrons, protons, and other nuclear particles; but not sound or radio

waves, or visible, infrared, or ultraviolet light.

3. "Radiation machine" means any device that produces radiation when the associated

control devices are operated.

4. "Radioactive material" means any material, solid, liquid, or gas, that emits radiation

spontaneously.
N.D. Cent. Code § 23.1-12-09 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-09
23.1-12-09. Duty to notify
Status: in_force

23.1-12-09. Duty to notify

This chapter does not limit a person's duty to notify the department and to take action

related to a release. However, payment for corrective actions required as a result of a petroleum

release is governed by this chapter.
N.D. Cent. Code § 23.1-08-14 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-14
23.1-08-14. Waste characterization
Status: in_force

23.1-08-14. Waste characterization

The department may not allow the storage or disposal of solid waste from outside this state,

unless it is demonstrated that the governing authority or the generator of the solid waste from

outside this state has an effective program for waste quality control and for waste

characterization.
N.D. Cent. Code § 23.1-10-16 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-16
23.1-10-16. Zoning regulations establishing institutional controls
Status: in_force

23.1-10-16. Zoning regulations establishing institutional controls

1. If an area made subject to institutional controls involves two or more property owners

and an area larger than either one city block or ten acres [4.05 hectares], the

department and the political subdivision having zoning authority over the property may

agree to institutional controls relating to the identified area impacted by the release or

threatened release. Before the institutional controls become effective, the controls

must be the subject of a public hearing and be established in the same manner as

zoning regulations are established by that political subdivision. The political subdivision

shall provide all notices under this subdivision, but any public hearing must be held

jointly by the political subdivision and the department.

2. The department shall consider the factors in subsection 2 of section 23.1-10-15 before

agreeing to institutional controls under this section.

3. Institutional controls may be terminated or amended at any time by written agreement

between the department and the relevant political subdivision.
N.D. Cent. Code § 23.1-01-15 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-15
23.1-01-15. International climate control regulations
Status: in_force

23.1-01-15. International climate control regulations

A climate control-related regulation of an international organization, either directly through

the organization or indirectly through law or regulation, is not enforceable on this state.
N.D. Cent. Code § 23.1-04.1-07 — ND Code / Title 23.1 / Chapter 23.1-04.1 / Section 23.1-04.1-07
23.1-04.1-07. Enforcement penalties
Status: in_force

23.1-04.1-07. Enforcement penalties

1. If the department finds a person is in violation of a permit, rule, standard, or

requirement of this chapter, the department may issue an order requiring the person to

comply with the permit, rule, standard, or requirement, and the department may bring

an action for a civil penalty, including an action for injunctive relief. An action under this

chapter must be brought in the district court for the county in which the violation

occurred or in which the party in violation has the party's residence or principal office.

2. A person that violates a provision of this chapter or any rule, standard, or permit

condition adopted under this chapter is subject to a civil penalty not to exceed twelve

thousand five hundred dollars per day of violation. Each day of noncompliance

constitutes a separate violation for purposes of penalty assessments.

3. A person that knowingly makes a false statement or representation in documentation

required by this chapter is subject to a civil penalty not to exceed twelve thousand five

hundred dollars per violation.

4. An administrative action brought under this chapter must be conducted in accordance

with chapter 28-32.
N.D. Cent. Code § 23.1-15-03 — ND Code / Title 23.1 / Chapter 23.1-15 / Section 23.1-15-03
23.1-15-03. Custody of abandoned motor vehicle
Status: in_force

23.1-15-03. Custody of abandoned motor vehicle

Units of government may take into custody and impound or request and authorize a

commercial towing service to take into custody an abandoned motor vehicle. If requested by an

owner, lessee, tenant, or occupant of private property, a commercial towing service may remove

and take into custody an abandoned motor vehicle located on the private property.
N.D. Cent. Code § 23.1-14-12 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-12
23.1-14-12. Prosecutions - State's attorney
Status: in_force

23.1-14-12. Prosecutions - State's attorney

Each state's attorney to whom the department reports any violation of this chapter shall

institute appropriate proceedings in court without delay. However, nothing in this chapter may be

construed as requiring the department to report minor violations for the institution of

proceedings under this chapter whenever it believes the public interest will be served

adequately by suitable written notice or warning.
N.D. Cent. Code § 23.1-06-16 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-16
23.1-06-16. Implementation of federal regional haze program requirements
Status: in_force

23.1-06-16. Implementation of federal regional haze program requirements

1. Consistent with the federal Clean Air Act [42 U.S.C. 7401 et seq.] and the regulations

adopted under the Clean Air Act, the department shall develop and implement a state

regional haze plan in accordance with this section.

2. The state regional haze plan must include an analysis of the natural and international

causes of visibility impairment.

3. In developing a periodic comprehensive revision of the state implementation plan, the

department shall consider whether additional measures are necessary to make

reasonable progress toward meeting the national goal of visibility improvement, as

required by the federal Clean Air Act [42 U.S.C. 7401 et seq.] and further defined by

the United States environmental protection agency to be natural visibility conditions by

2064. The department may not require controls the department has determined serve

only to increase total costs with little corresponding visibility benefit.

4. If the environmental protection agency disapproves the state regional haze plan, the

department may develop and submit as expeditiously as possible a revised plan to

address the reasons for the disapproval in accordance with the requirements of this

section.

5. Any new control measures mandated by the state regional haze plan are effective only

upon final approval by the environmental protection agency.

6. If federal laws, a federal court, or a final federal agency action renders any control

measures included in the state plan unenforceable by the environmental protection

agency, the requirement to implement the measures may not be enforced under state

law to the same extent the measures are unenforceable under federal law.
N.D. Cent. Code § 23.1-08-05 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-05
23.1-08-05. Commercial oilfield special waste recycling facilities - Action against well operators restricted
Status: repealed

23.1-08-05. Commercial oilfield special waste recycling facilities - Action against well

operators restricted.

Repealed by S.L. 2023, ch. 254, § 4.
N.D. Cent. Code § 23.1-01-12 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-12
23.1-01-12. Rules
Status: in_force

23.1-01-12. Rules

The department may adopt rules consistent with national or regional standards which relate

to the promotion of plastic bottle recycling and the maintenance of safe plastic bottle recycling

practices in the state.
N.D. Cent. Code § 23.1-01-06 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-06
23.1-01-06. Department to employ waste management facility inspectors
Status: in_force

23.1-01-06. Department to employ waste management facility inspectors

The department of environmental quality shall employ and establish the qualifications,

duties, and compensation of at least one full-time inspector for each commercial, nonpublicly

owned waste management disposal or incineration facility that accepts more than twenty-five

thousand tons [22679.5 kilograms] per year of hazardous waste, industrial waste, nuclear

waste, or ash resulting from the incineration of municipal solid waste. This section does not

apply to any energy conversion facility or coal mining operation that disposes of its solid waste

onsite. The department may require inspectors for those facilities that accept less than

twenty-five thousand tons [22679.5 kilograms] per year. The facility inspector shall conduct

regular inspections of the operating procedure and conditions of the facility and report the

findings to the department on a regular basis. If an inspector discovers a condition at a facility

that is likely to cause imminent harm to the health and safety of the public or environment, the

inspector shall notify the department. The department shall proceed as provided by sections

23.1-08-19 and 23.1-08-20.

The department shall assess the owner or operator of a waste management facility that

accepts hazardous waste, industrial waste, nuclear waste, or ash resulting from the incineration

of municipal solid waste an annual fee to pay the salaries, wages, and operating expenses

associated with employing an inspector for the facility. The owner or operator of the facility shall

submit the fee to the department by July first of each year. Any fees collected must be deposited

in the department's operating fund in the state treasury and any expenditures from the fund are

subject to appropriation by the legislative assembly. If a facility begins operation after July first of

any year, the owner or operator of the facility shall pay to the department a prorated fee for the

fiscal year before the facility may begin accepting waste. Moneys in the waste management

facility account may be spent by the department within the limits of legislative appropriation.
N.D. Cent. Code § 23.1-12-21 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-21
23.1-12-21. Liability of responsible person
Status: in_force

23.1-12-21. Liability of responsible person

The right to apply for reimbursement and the receipt of reimbursement does not limit the

liability of an owner or operator for damages or costs incurred as the result of a release.
N.D. Cent. Code § 23.1-13-05 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-05
23.1-13-05. Retail sale of gasoline containing methyl tertiary butyl ether - Restriction
Status: in_force

23.1-13-05. Retail sale of gasoline containing methyl tertiary butyl ether - Restriction

A person may not sell, offer for sale, supply, or offer for supply gasoline that contains methyl

tertiary butyl ether in quantities greater than five-tenths of one percent by volume. However, a

person may ship gasoline containing methyl tertiary butyl ether within the state for disposition

outside the state, including storage coincident to shipment.
N.D. Cent. Code § 23.1-02-04 — ND Code / Title 23.1 / Chapter 23.1-02 / Section 23.1-02-04
23.1-02-04. Certificate of registration
Status: in_force

23.1-02-04. Certificate of registration

Upon satisfactory completion and submission of the registration form, the department shall

issue the applicant a certificate of registration. A completed registration form must provide

sufficient information to determine whether the health of the public or persons working in the

applicant establishment may be adversely affected by using, manufacturing, processing,

packing, refining, disposing, producing, or concentrating of radioactive isotopes and materials.
N.D. Cent. Code § 23.1-03-11 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-11
23.1-03-11. Administrative procedures and judicial review
Status: in_force

23.1-03-11. Administrative procedures and judicial review

Any proceeding under this chapter to issue or modify rules, including emergency orders

relating to control of sources of ionizing radiation; grant, suspend, revoke, or amend any license;

or determine compliance with rules of the department must be conducted in accordance with

chapter 28-32. If an emergency exists requiring immediate action to protect the public health

and safety, the department may, without notice or hearing, issue an order reciting the existence

of such emergency and requiring action necessary to meet the emergency be taken.

Notwithstanding any provision of this chapter, the order must be effective immediately. A person

to which the order is directed shall comply with the order immediately, but may apply to the

department for a hearing. The department shall provide the hearing within ten days of the

application. On the basis of such hearing, the emergency order must be continued, modified, or

revoked within thirty days after such hearing.
N.D. Cent. Code § 23.1-12-08 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-08
23.1-12-08. Imminent hazard
Status: in_force

23.1-12-08. Imminent hazard

Upon receipt of information that a petroleum release has occurred which may present an

imminent or substantial endangerment of health or the environment, the department may take

emergency action necessary to protect health or the environment.
N.D. Cent. Code § 23.1-04-12 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-12
23.1-04-12. Inspections - Right of entry
Status: in_force

23.1-04-12. Inspections - Right of entry

To develop or enforce any rule authorized by this chapter or enforce a requirement of this

chapter, any duly authorized representative or employee of the department may, upon

presentation of appropriate credentials, at any reasonable time:

1. Enter any place, facility, or site at which wastes or substances that the department has

reason to believe may be hazardous or regulated are, may be, or may have been

generated, stored, transported, treated, disposed of, or otherwise handled.

2. Inspect and obtain samples of any waste or substance that the department has reason

to believe may be hazardous or regulated, including samples from any vehicles in

which wastes are being transported as well as samples of any containers or labels.

3. Inspect and copy any records, reports, information, or test results relating to the

purposes of this chapter.
N.D. Cent. Code § 23.1-12-27 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-27
23.1-12-27. Third-party damages - Documentation
Status: in_force

23.1-12-27. Third-party damages - Documentation

1. An applicant's payments for third-party damages pursuant to a judgment entered in a

court must include copies of the notice of entry of judgment and abstract of costs.

2. An applicant's payments for third-party damages made by agreement in settlement of

litigation must include copies of the settlement agreement and supporting documents

required by the department.

3. An applicant's payments for third-party damages made by agreement without

reference to litigation must include copies of the settlement and supporting documents

required by the department.

4. The department and the board may require a third party who claims bodily injury to be

examined by a physician and require that the physician's report to be submitted to the

department. The department may require a third party that claims property damage to

permit a property appraiser or claims adjuster retained by the department to inspect

the property and report to the department.

5. The fund shall pay a judgment against an owner, operator, or dealer awarded to a third

party as a result of a third-party claim and property damage against an owner,

operator, or dealer registered by the fund.

6. The fund shall pay for corrective action as awarded to a third party in any judgment

against an owner, operator, or dealer.

7. Liability of the tank owner, operator, dealer, or fund to third parties for corrective action

or personal injuries and property damage may not exceed, per person, one million

dollars. Maximum liability of the fund, including all claims by third parties, may not

exceed, for any release site, the maximum provided in section 23.1-12-18.

8. A third party may not bring an action against an owner, operator, or dealer more than

three years after a corrective action plan has been approved by the department if the

owner, operator, or dealer fully implements and complies with the corrective action

plan.

9. In investigating a release site or reviewing the implementation of a corrective action

plan approved by the department, the department shall determine whether the release

threatens public health or the environment. The department shall require, based on

science and technology appropriate for the site, any monitoring, remediation, or other

appropriate corrective action that is reasonably necessary to protect public health or

the environment. The department may require corrective action at a release site at any

time after a release occurs.
N.D. Cent. Code § 23.1-03-03 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-03
23.1-03-03. Powers and duties of the department
Status: in_force

23.1-03-03. Powers and duties of the department

For the protection of the public health and safety, the department shall:

1. Evaluate hazards associated with the use of sources of ionizing radiation by inspection

and other means.

2. Conduct programs compatible with federal programs for the licensing and regulation of

byproduct, source, special nuclear materials, and other radioactive materials.

3. Advise, consult, and cooperate with other public agencies and with affected groups

and industries.

4. Administer the statewide licensing and regulatory radiation program.
N.D. Cent. Code § 23.1-10-08 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-08
23.1-10-08. Responsible parties
Status: in_force

23.1-10-08. Responsible parties

1. If the department determines a release has occurred, the department shall identify the

responsible party.

2. If no other viable responsible party can be located after the department's reasonable

investigation, the department shall consider a person that became an owner of the

property after the release to be a responsible party, subject to the limitations in this

section.

a. Notwithstanding any other provision of law and except as expressly provided by

federal law, a person that acquires property is not liable for an existing regulated

substance on the property if the person:

(1) Acquired the property after the disposal or placement of the regulated

substance on, in, or at the property; and at the time the property was

acquired did not know and had no reason to know a regulated substance

was disposed of on, in, or at the property;

(2) Is a governmental entity that acquired the property by escheat, by tax sale,

by foreclosure, through any other involuntary transfer or acquisition, or

through the exercise of eminent domain authority by purchase or

condemnation; or

(3) Acquired the property by inheritance or bequest, and did not know a

regulated substance was disposed of on, in, or at the property; or is the

owner of the surface estate and the regulated substance was released as a

result of oil or gas drilling and production operations, or other operation

authorized by chapter 38-08, and the owner of the surface estate is not and

has never been an operator of oil and gas wells permitted under chapter

38-08.

b. To establish the person had no reason to know a regulated substance was

disposed of on, in, or at the property, the person must have undertaken, at the

time of acquisition, all appropriate inquiries into the previous ownership and uses

of the property consistent with good commercial or customary practice in an effort

to minimize liability. For purposes of this requirement, the department shall take

into account any specialized knowledge or experience on the part of the person,

the relationship of the purchase price to the value of the property as

uncontaminated, commonly known or reasonably ascertainable information about

the property, the obviousness of the presence or likely presence of regulated

substances at the property, and the ability to detect the regulated substances by

appropriate inspection.

c. A person that has acquired real property may establish a rebuttable presumption

the person has made all appropriate inquiries if the person establishes the person

performed an investigation of the property, conducted by an environmental

professional immediately before or at the time of acquisition, to determine or

discover the obviousness of the presence or likely presence of a release or

threatened release of regulated substances on the property.

d. The presumption does not arise unless the person has maintained a compilation

of the information reviewed during the investigation.

e. This section does not diminish the liability of a previous owner or operator of the

property which otherwise would be liable under this chapter, and nothing in this

section affects the liability under this chapter of a person that, by any act or

omission, caused or contributed to the release or threatened release of a

regulated substance that is the subject of the action relating to the property.

f. As used in this section, "environmental professional" means an individual, or

entity managed or controlled by an individual, such as an engineer, environmental

consultant, and attorney, who, through academic training, occupational

experience, and reputation, can objectively conduct one or more aspects of an

environmental investigation.

3. A lender-owner is liable for a release or threatened release of a regulated substance

only as provided in chapter 32-40.1.
N.D. Cent. Code § 23.1-12-06 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-06
23.1-12-06. Release discovery
Status: in_force

23.1-12-06. Release discovery

If the department has reason to believe a release has occurred, it shall direct the owner or

operator to take reasonable and necessary corrective actions as provided under federal or state

law or under adopted rules.
N.D. Cent. Code § 23.1-01-02 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-02
23.1-01-02. Environmental review advisory council - Members, powers, and duties
Status: in_force

23.1-01-02. Environmental review advisory council - Members, powers, and duties

1. The environmental review advisory council is established to advise the department of

environmental quality in carrying out its duties. The council consists of the director of

the department of water resources, state geologist, and director of the game and fish

department, who serve as ex officio members, and ten members appointed by the

governor. The director of the department of environmental quality or the director's

designee shall serve as the executive secretary for the council. The appointed

members must be:

a. A representative of county or municipal government;

b. A representative of manufacturing or agricultural processing;

c. A representative of the solid fuels industry;

d. A representative of the liquid and gas fuels industry;

e. A representative of crop agriculture;

f. A representative of the waste management industry;

g. A representative with an agronomy or soil sciences degree;

h. A representative of the thermal electric generators industry;

i. A representative of the environmental sciences; and

j. A representative of the livestock industry.

2. Each appointive member of the council shall serve a four-year term. The governor may

fill any vacancy in the membership of the council, and may remove an appointed

member of the council for cause. The council members shall select a chairman from

among the council members.

3. Council members must be reimbursed by the department of environmental quality for

necessary travel and other expenses incurred in the performance of official duties.

4. The council shall hold at least two meetings per year and any other meetings deemed

necessary by the chairman or a majority of the council.

5. The council shall:

a. Review and make recommendations to the department of environmental quality

regarding rules and standards relating to environmental quality and the duties of

the department. The department may not take final action on any rule or standard

without first consulting the council.

b. Consider any other matter related to the purposes of this title and chapters 61-28,

61-28.1, and 61-28.2 the council deems appropriate and make any

recommendation on its own initiative to the department of environmental quality

concerning the administration of this title and chapters 61-28, 61-28.1, and

61-28.2.
N.D. Cent. Code § 23.1-04-13 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-13
23.1-04-13. Monitoring, analysis, and testing - Civil penalty
Status: in_force

23.1-04-13. Monitoring, analysis, and testing - Civil penalty

1. If the department determines, upon receipt of any information, that:

a. The presence of any hazardous waste, hazardous constituent, or regulated

substance at a facility or site at which hazardous waste or regulated substance is,

or has been, stored, treated, or disposed of; or

b. The release of any such waste or regulated substance from a facility or site may

present a substantial hazard to human health or the environment, the department

may issue an order requiring the owner or operator of the facility or site to

conduct any monitoring, testing, analysis, and reporting with respect to the facility

or site which the department deems reasonable to ascertain the nature and

extent of the hazard.

2. In the case of any facility or site not in operation at the time a determination is made

under subsection 1 with respect to the facility or site, if the department finds the owner

or operator of the facility or site could not reasonably be expected to have actual

knowledge of the presence of hazardous waste or regulated substance at the facility or

site and of its potential for release, the department may issue an order requiring the

most recent previous owner or operator of the facility or site which could reasonably be

expected to have such actual knowledge to carry out the actions referred to in

subsection 1.

3. A person that violates this section is subject to a civil penalty of five thousand dollars

per day of violation.
N.D. Cent. Code § 23.1-04-04 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-04
23.1-04-04. Institutional controls, responsibility exemptions, and regulatory assurances for contaminated properties - Continuing appropriation
Status: repealed

23.1-04-04. Institutional controls, responsibility exemptions, and regulatory

assurances for contaminated properties - Continuing appropriation.

Repealed by S.L. 2021, ch. 212, § 19.
N.D. Cent. Code § 23.1-04.1-05 — ND Code / Title 23.1 / Chapter 23.1-04.1 / Section 23.1-04.1-05
23.1-04.1-05. Inspections - Right of entry
Status: in_force

23.1-04.1-05. Inspections - Right of entry

To develop or enforce any rule authorized by this chapter or enforce a requirement of this

chapter, any duly authorized representative or employee of the department may, upon

presentation of appropriate credentials, at any reasonable time:

1. Enter any place, facility, or site at which an aboveground storage tank is located.

2. Inspect and obtain samples of any substance the department has reason to believe

may be regulated by this chapter.

3. Inspect and copy any records, reports, information, or test results relating to the

purposes of this chapter.
N.D. Cent. Code § 23.1-16-13 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-13
23.1-16-13. Disposition of funds
Status: in_force

23.1-16-13. Disposition of funds

All funds collected and received under this chapter must be paid to the state treasurer and

deposited in the department of environmental quality operating fund to be used to defray the

costs of boiler inspections.
N.D. Cent. Code § 23.1-04.1-04 — ND Code / Title 23.1 / Chapter 23.1-04.1 / Section 23.1-04.1-04
23.1-04.1-04. Fees - Deposit in operating fund
Status: in_force

23.1-04.1-04. Fees - Deposit in operating fund

The department by rule may provide for the payment and collection of reasonable fees for

the issuance of permits for registering, licensing, or permitting aboveground storage tanks. The

permit fees must be based on the anticipated cost of filing and processing the application, taking

action on the requested permit, and conducting a monitoring and inspection program to

determine compliance or noncompliance with the permit. Any moneys collected for permit

licensing fees must be deposited in the department operating fund in the state treasury and any

expenditure from the fund is subject to appropriation by the legislative assembly.
N.D. Cent. Code § 23.1-12-01 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-01
23.1-12-01. Petroleum tank release compensation fund - Established
Status: in_force

23.1-12-01. Petroleum tank release compensation fund - Established

A petroleum tank release compensation fund is established.
N.D. Cent. Code § 23.1-10-13 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-13
23.1-10-13. Corrective action costs as lien - Filing of notice of lien - Contents - Attachment priority
Status: in_force

23.1-10-13. Corrective action costs as lien - Filing of notice of lien - Contents -

Attachment priority.

All corrective action costs expended from the fund pursuant to this chapter constitute a lien

on all property owned by the responsible party when a notice of lien is filed with the recorder in

the county where the property is located. The notice of lien must contain a description of the

property of the responsible party upon which the lien is made, a description of the property upon

which corrective action or emergency remedial efforts were made, and a statement of the

corrective action costs expended from the fund. Upon entry, the lien must attach to all real

property of the responsible party. The lien has priority over all other claims or liens on the

property, except those perfected before the department's filing of the notice of lien.
N.D. Cent. Code § 23.1-13-13 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-13
23.1-13-13. How volume of heating oil determined
Status: in_force

23.1-13-13. How volume of heating oil determined

In case of a dispute, heating oil must be sold on the basis of the United States gallon

containing two hundred thirty-one cubic inches [3785.41 milliliters] at sixty degrees Fahrenheit

[15.56 degrees Celsius]. The volume of the delivered oil; however, may be calculated from its

weight and gravity degrees API in accordance with the national standard petroleum oil tables

prepared by the national bureau of standards.
N.D. Cent. Code § 23.1-03-13 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-13
23.1-03-13. Prohibited uses
Status: in_force

23.1-03-13. Prohibited uses

It is unlawful for any person to use, manufacture, produce, transport, transfer, receive,

acquire, own, or possess any source of ionizing radiation unless registered with or licensed by

the department under this chapter.
N.D. Cent. Code § 23.1-12-17 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-17
23.1-12-17. Registration fee
Status: in_force

23.1-12-17. Registration fee

1. Upon the recommendation and approval of the petroleum tank release compensation

fund board, the department shall classify tanks with respect to degree of hazard,

determine the risks of each classification, and fix the registration fee for each

classification at a rate sufficient to provide for:

a. The payment of the expenses of administration of the fund;

b. The reimbursement for corrective action provided under this chapter; and

c. The maintenance by the fund of adequate reserves and surplus so the fund may

be kept solvent at all times.

2. The department shall establish the schedule of registration fees by rules adopted in

accordance with chapter 28-32.

3. An owner or operator of an existing tank that is discovered at a location that currently

and previously has had tanks registered with the fund shall pay an additional

twenty-five dollar penalty fee in addition to the registration fee for each aboveground

tank and each underground tank owned or operated by that person for each previous

year that the tank was required to be registered for which a fee was not paid. The

payment includes the fees and the penalty for the failure to register.

4. An owner or operator of an existing tank at a location that was not previously and

continuously registered with the fund, whether the registration was required by law or

not must provide the fund with a phase two environmental study conducted by a

qualified firm according to American society for testing materials standards. A tank

integrity test must also be performed. The environmental study and tank integrity test

must be reviewed by the department along with the application for registration with the

fund. If the department rejects the application, the applicant is denied eligibility to the

fund. However, if the site is remediated and the leaking tank is replaced, the applicant

may reapply for registration with the fund. A new installation that is using a used tank

must provide tank integrity test results for the used tank. Use of a synthetic liner in an

aboveground dike system negates the need for a tank integrity test. The owner or

operator of a new tank at a new site or a new tank at an existing site that had a tank

registered at the site previously need only pay the required fees for registration with

the fund.

5. If accepted for registration with the fund, the owner or operator of the tank shall pay an

additional twenty-five dollar penalty fee in addition to the registration fee for each

aboveground tank and underground tank owned or operated by that person for each

previous year that the tank was required to be registered for which a fee was not paid,

regardless of ownership in each of those years. The payment includes the fees and

the penalty for the failure to register.

6. The registration fees collected under this section must be paid to the department for

deposit in the state treasury for the dedicated credit to the petroleum release

compensation fund.

7. If a registration payment is not received within sixty days of the date required under

rules adopted by the department, a late fee of twenty-five dollars per tank per month

must be imposed on the tank owner or operator.
N.D. Cent. Code § 23.1-10-05 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-05
23.1-10-05. Revenue to the fund
Status: in_force

23.1-10-05. Revenue to the fund

Revenue from the following sources must be deposited in the state treasury and credited to

the fund:

1. Moneys recovered by the department in an action or administrative proceeding based

on violation of the state's environmental statutes, including actions for administrative

expense recoveries, civil penalties, compensatory damages; and money paid pursuant

to any agreement, stipulation, or settlement. This section does not limit the

department's ability to agree to a supplemental environmental project as part of a

settlement.

2. Moneys donated to the department for the purposes of this chapter.

3. Transfers from the abandoned oil and gas well plugging and site reclamation fund

under subdivision f of subsection 2 of section 38-08-04.5.

4. Moneys received from a federal agency for the purpose of this section.

5. Any other moneys as may be deposited in the fund for use in carrying out the

purposes of this chapter.
N.D. Cent. Code § 23.1-16-11 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-11
23.1-16-11. Certificate of inspection required - Penalty
Status: in_force

23.1-16-11. Certificate of inspection required - Penalty

A person may not operate a boiler in this state without a valid certificate of inspection. A

violation of this section is a class A misdemeanor on the part of the owner, user, or operator of

the boiler.
N.D. Cent. Code § 23.1-13-07 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-07
23.1-13-07. Labeling gasoline containers - Gasoline pipeline
Status: in_force

23.1-13-07. Labeling gasoline containers - Gasoline pipeline

Every package, barrel, filling station pump, and every tank wagon, truck, or car containing

gasoline for sale or consignment or held with intent to sell or consign the same within this state

or to transport it into this state must be clearly and distinctly stamped, labeled, or tagged with

the word "gasoline". Every oil station pipeline for gasoline must be painted red. The fittings upon

such lines; however, may be painted other colors to designate grades. Pipelines for gasoline

must be entirely separate from lines for kerosene or for any other high flash product. Every can,

bucket, barrel, or other container of less than sixty gallons [227.12 liters] capacity used for

storage or delivery of gasoline, benzine, or benzine products, unless the same is made of glass,

must be painted bright red, and such containers may not be used for the storage or delivery of

kerosene. In the case of glass containers, the contents must be designated by a red label

securely pasted on or attached to the containers bearing the name of the product.
N.D. Cent. Code § 23.1-13-18 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-18
23.1-13-18. Bond may be required of dealer in petroleum products
Status: in_force

23.1-13-18. Bond may be required of dealer in petroleum products

The tax commissioner may require any person licensed by the tax commissioner as a motor

vehicle fuel, special fuels, or liquefied petroleum wholesale dealer to furnish a surety bond

payable to the state in the sum of five hundred dollars, or twice the amount of inspection fees

due for any calendar month, whichever amount is the greater, guaranteeing to the state true

reports of purchases and sales of gasoline, kerosene, tractor fuel, heating oil, and diesel fuel

and the payment of all inspection fees provided for in this chapter. The tax commissioner shall

determine the sufficiency of the bond. A single bond may cover dealing in one or all of the

petroleum products mentioned in this chapter. When any inspection fee is not paid within twenty

days after it has become delinquent, the person bonding the delinquent may be called upon to

make good upon the bond for such delinquent fees.
N.D. Cent. Code § 23.1-03-06 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-06
23.1-03-06. Surety requirements
Status: in_force

23.1-03-06. Surety requirements

1. The department shall establish by rule standards and instructions it deems necessary

or appropriate to ensure:

a. The licensee will provide adequate surety for the completion of all requirements

established by the department for the decontamination, decommissioning, and

stabilization of sites, structures, and equipment used in conjunction with the

processing, generation, or disposal of source material, byproduct material, or

other radioactive material occurring naturally or produced artificially; and

b. If the department determines any long-term maintenance and monitoring is

necessary, the licensee will make available the funds required for the necessary

maintenance and monitoring, before termination of any license for source

material, byproduct material, or other radioactive material occurring naturally or

produced artificially.

2. Any funds for long-term site surveillance and control must be available to the state if

title and custody of source material, byproduct material, or other radioactive material

occurring naturally or produced artificially and its disposal site is transferred to the

state under subsection 1 of section 23.1-03-05. The funds must be transferred to the

United States if title and custody of the source material, byproduct material, or other

radioactive material occurring naturally or produced artificially and its disposal site is

transferred to the United States upon termination of any license for source material,

byproduct material, or other radioactive material occurring naturally or produced

artificially. These funds include sums collected for long-term surveillance and if

necessary, maintenance. The funds do not include moneys held as surety where no

default had occurred and the reclamation or other bonded activity has been performed.

3. If the department requires a surety for stabilization or funds for long-term surveillance

or maintenance, the amounts must be sufficient to ensure compliance with the

standards established by the commission and the department pertaining to financial

arrangements to ensure adequate stabilization and long-term management of source

material, byproduct material, or other radioactive material occurring naturally or

produced artificially and its disposal site.
N.D. Cent. Code § 23.1-14-11 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-11
23.1-14-11. Penalty
Status: in_force

23.1-14-11. Penalty

Any person that violates or fails to comply with this chapter, for which another penalty has

not been specifically provided, is guilty of a class B misdemeanor.
N.D. Cent. Code § 23.1-12-22 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-22
23.1-12-22. Reimbursement not subject to attachment
Status: in_force

23.1-12-22. Reimbursement not subject to attachment

The amount of reimbursement to be paid for corrective action that was done by a third party

is not subject to legal process or attachment if actually paid to a third party that performed the

corrective action.
N.D. Cent. Code § 23.1-11-03 — ND Code / Title 23.1 / Chapter 23.1-11 / Section 23.1-11-03
23.1-11-03. Education program
Status: in_force

23.1-11-03. Education program

The department, the commissioner, the North Dakota state university extension service, and

the North Dakota agricultural experiment station shall cooperate with other state and federal

agencies on the development of a ground water protection education program.
N.D. Cent. Code § 23.1-07.1-02 — ND Code / Title 23.1 / Chapter 23.1-07.1 / Section 23.1-07.1-02
23.1-07.1-02. Septic systems - Authority
Status: in_force

23.1-07.1-02. Septic systems - Authority

1. Except as otherwise provided by law, the department has the exclusive authority to

adopt rules regarding licensing, permitting, and inspections of onsite wastewater

treatment systems.

2. The department shall provide technical assistance and guidance to municipalities and

local public health units on all matters related to onsite wastewater treatment systems.

3. An ordinance enacted or adopted by a county or city in accordance with a home rule

charter, or an ordinance enacted or adopted by any other political subdivision, in

conflict with a rule adopted under this section is void.
N.D. Cent. Code § 23.1-02-05 — ND Code / Title 23.1 / Chapter 23.1-02 / Section 23.1-02-05
23.1-02-05. Penalty
Status: in_force

23.1-02-05. Penalty

Any person required to register under section 23.1-02-03 that fails to register and obtain a

certificate of registration is guilty of a class A misdemeanor.