N.D. Cent. Code § 23.1-10-07 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-07
23.1-10-07. Releases from petroleum tanks
Status: in_force

23.1-10-07. Releases from petroleum tanks

Releases from petroleum tanks are subject to this chapter, but the department may expend

moneys in the fund to address releases from petroleum tanks only if there are no available

moneys in the petroleum tank release compensation fund under chapter 23.1-12.
N.D. Cent. Code § 23.1-12-11 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-11
23.1-12-11. Examination of records
Status: in_force

23.1-12-11. Examination of records

Any employee of the department may, upon presentation of official credentials:

1. Examine and copy books, papers, records, memoranda, or data of any person that

has a duty to provide information to the department under section 23.1-12-10; and

2. Enter upon public or private property to take action authorized by this section,

including obtaining information from a person that has a duty to provide the information

under section 23.1-12-10, conducting surveys and investigations, and taking corrective

action.
N.D. Cent. Code § 23.1-08-03 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-03
23.1-08-03. Powers and duties of the department
Status: in_force

23.1-08-03. Powers and duties of the department

The department shall:

1. Administer and enforce the state solid waste management program under this chapter.

2. Provide technical assistance on request to political subdivisions of the state and

cooperate with appropriate federal agencies in carrying out the duties under this

chapter. On request, the department may provide technical assistance to other

persons.

3. Encourage and recommend procedures for using self-financing solid waste

management systems and intermunicipal agencies.

4. Promote the planning and application of resource recovery facilities and systems that

preserve and enhance the quality of air, water, and all resources.

5. Serve as the official state representative for all purposes of the Federal Solid Waste

Disposal Act [Pub. L. 89-272; 79 Stat. 997; 42 U.S.C. 6901 et seq.], as amended, and

for other state or federal legislation to assist in the management of solid wastes.

6. Survey the solid waste management needs within the state and maintain and upgrade

the North Dakota solid waste management plan.

7. Require any person within the state to submit for review and approval a solid waste

management plan to show that solid wastes will be disposed of in accordance with the

provisions of this chapter.

8. Adopt and enforce rules governing solid waste management to conserve the air, water,

and land resources of the state; protect the public health; prevent environmental

pollution and public nuisances; and enable the department to administer this chapter,

the adopted solid waste management plan, and delegated federal programs.

9. Establish procedures for permits governing the design, construction, operation, and

closure of solid waste management facilities and systems.

10. Prepare, issue, modify, revoke, and enforce orders, after investigation, inspection,

notice, and hearing, prohibiting violation of this chapter or of any rules issued under

this chapter, and requiring remedial measures for solid waste management as may be

necessary or appropriate under this chapter.

11. Adopt rules to establish categories and classifications of solid waste and solid waste

management facilities based on waste type and quantity, facility operation, or other

facility characteristics and to limit, restrict, or prohibit the disposal of solid wastes

based on environmental or public health rationale.

12. Adopt rules to establish standards and requirements for each category of solid waste

management facility.

13. Adopt rules to establish financial assurance requirements to be met by any person

proposing construction or operation of a solid waste management facility sufficient to

provide for closure and postclosure activities. Financial assurance requirements may

include: insurance, trust funds, surety bonds, letters of credit, personal bonds,

certificates of deposit, and financial tests or corporate guarantees.

14. Conduct an environmental compliance background review of any applicant for any

permit. In conducting the review, if the department finds an applicant for a permit has

intentionally misrepresented or concealed any material fact from the department, or

has obtained a permit by intentional misrepresentation or concealment of a material

fact, has been convicted of a felony or pleaded guilty or nolo contendere to a felony

within three years preceding the application for the permit, or has been adjudicated in

contempt of an order of any court within three years preceding the application for the

permit, the department may deny the application. The department shall consider the

relevance of the offense to the business to which the permit is issued, the nature and

seriousness of the offense, the circumstances under which the offense occurred, the

date of the offense, and the ownership and management structure in place at the time

of the offense.

15. Adopt rules to establish standards and requirements for solid waste pilot projects.
N.D. Cent. Code § 23.1-12-18 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-18
23.1-12-18. Reimbursement for corrective action
Status: in_force

23.1-12-18. An owner or operator who is a first-party claimant may be reimbursed only for costs

incurred after July 1, 1989, even if the releases were discovered before July 1, 1989, up to the

maximum of twenty-five thousand dollars per location.
N.D. Cent. Code § 23.1-02-03 — ND Code / Title 23.1 / Chapter 23.1-02 / Section 23.1-02-03
23.1-02-03. Registration required
Status: in_force

23.1-02-03. Registration required

Each manufacturer, processor, and refiner of radioactive isotopes and each hospital, clinic,

manufacturing establishment, research or educational institution, agricultural experiment station

or center, processing mill, or other institution or place of business or process in which radiation

is produced or radioactive materials are used, manufactured, processed, packaged, refined,

produced, disposed, or concentrated shall register with the department. To register, each

manager or officer in charge of any institution or establishment concerned with radioactive

materials shall obtain a registration form from the department, complete it, and return it to the

department.
N.D. Cent. Code § 23.1-16-09 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-09
23.1-16-09. Inspection and certificate fees
Status: in_force

23.1-16-09. Inspection and certificate fees

1. Upon completion of inspection, the owner or user of a boiler shall pay to the

department fees or a combination of inspection and certificate fees. The department

shall determine the inspection fees. Certificate fees are determined by section
N.D. Cent. Code § 23.1-06-09 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-09
23.1-06-09. Permits or registration
Status: in_force

23.1-06-09. Permits or registration

1. A person may not construct, install, modify, use, or operate an air contaminant source

designated by regulation, capable of causing or contributing to air pollution, either

directly or indirectly, without a permit from the department or in violation of any

conditions imposed by the permit.

2. The department shall provide for the issuance, suspension, revocation, and renewal of

permits that it requires under this section.

3. The department may require applications for permits to be accompanied by plans,

specifications, and other information it deems necessary.

4. Possession of an approved permit or registration certificate does not relieve any

person of the responsibility to comply with applicable emission limitations or with any

other law or rule, and does not relieve any person from the requirement to possess a

valid contractor's license issued under chapter 43-07.

5. The department by rule may provide for registration and registration renewal of certain

air contaminant sources in lieu of a permit.

6. The department may exempt by rule certain air contaminant sources from the permit

or registration requirements in this section when the department makes a finding the

exemption will not be contrary to section 23.1-06-02.
N.D. Cent. Code § 23.1-04-06 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-06
23.1-04-06. Underground storage tank regulations
Status: in_force

23.1-04-06. Underground storage tank regulations

Under chapter 28-32, the department shall adopt rules:

1. For maintaining a leak detection system, an inventory control system together with

tank testing, or a comparable system or method designed to identify releases in a

manner consistent with the protection of human health and the environment.

2. For maintaining records of any monitoring of a leak detection system, inventory control

system, or tank testing system.

3. For reporting of any releases and corrective action taken in response to a release from

an underground tank.

4. For taking corrective action in response to a release from an underground storage

tank.

5. For the closure of tanks to prevent releases of regulated substances into the

environment.

6. For maintaining evidence of financial responsibility for taking corrective action and

compensating third parties for bodily injury and property damage caused by sudden

and nonsudden accidental releases arising from operating an underground storage

tank.

7. Establishing standards for installation of underground storage tanks.

8. Establishing standards for construction and performance of new underground storage

tanks.

9. For notifying the department or designated local agency of the existence of any

operational or nonoperational underground storage tank.

10. For a permit fee system to own, install, or operate an underground storage tank.

However, regulations adopted by the department may not be more stringent than applicable

requirements of the federal Resource Conservation and Recovery Act [42 U.S.C. 6901 et seq.]

and the federal Energy Policy Act of 2005 [Pub. L. 109-58; 42 U.S.C. 15801 et seq.] in effect on

August 1, 2007.
N.D. Cent. Code § 23.1-07.1-06 — ND Code / Title 23.1 / Chapter 23.1-07.1 / Section 23.1-07.1-06
23.1-07.1-06. Fees
Status: in_force

23.1-07.1-06. Fees

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

issuance of licenses for onsite wastewater system installers by rule. The license fees must be

based on the anticipated cost of filing and processing the application, taking action on the

requested license, and conducting an oversight program to determine compliance or

noncompliance with the license. Any moneys collected for 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 § 23.1-05-01 — ND Code / Title 23.1 / Chapter 23.1-05 / Section 23.1-05-01
23.1-05-01. Southwestern low-level radioactive waste disposal compact
Status: in_force

23.1-05-01. Southwestern low-level radioactive waste disposal compact

The southwestern low-level radioactive waste disposal compact is entered with all

jurisdictions legally joining the compact, in the form substantially as follows:

ARTICLE I - COMPACT POLICY AND FORMATION

The party states hereby find and declare all of the following:

1. The United States Congress, by enacting the Low-Level Radioactive Waste Policy Act,

Public Law 96-573, as amended by the Low-Level Radioactive Waste Policy

Amendments Act of 1985 [42 U.S.C. 2021b - 2021j], has encouraged the use of

interstate compacts to provide for the establishment and operation of facilities for

regional management of low-level radioactive waste.

2. It is the purpose of this compact to provide the means for such a cooperative effort

between or among party states to protect the citizens of the states and the states'

environments.

3. It is the policy of party states to this compact to encourage the reduction of the volume

of low-level radioactive waste requiring disposal within the compact region.

4. It is the policy of the party states that the protection of the health and safety of their

citizens and the most ecological and economical management of low-level radioactive

wastes can be accomplished through cooperation of the states by minimizing the

amount of handling and transportation required to dispose of these wastes and by

providing facilities that serve the compact region.

5. Each party state, if an agreement state pursuant to section 2021 of title 42 of the

United States Code, or the nuclear regulatory commission if not an agreement state, is

responsible for the primary regulation of radioactive materials within its jurisdiction.

ARTICLE II - DEFINITIONS

As used in this compact, unless the context clearly indicates otherwise, the following

definitions apply:

1. "Commission" means the southwestern low-level radioactive waste commission

established in Article III of this compact.

2. "Compact region" or "region" means the combined geographical area within the

boundaries of the party states.

3. "Disposal" means the permanent isolation of low-level radioactive waste pursuant to

requirements established by the nuclear regulatory commission and the environmental

protection agency under applicable laws, or by a party state if the state hosts a

disposal facility.

4. "Generate", when used in relation to low-level radioactive waste, means to produce

low-level radioactive waste.

5. "Generator" means a person whose activity, excluding the management of low-level

radioactive waste, results in the production of low-level radioactive waste.

6. "Host county" means a county, or other similar political subdivision of a party state, in

which a regional disposal facility is located or being developed.

7. "Host state" means a party state in which a regional disposal facility is located or being

developed. California is the host state under this compact for the first thirty years from

the date the California regional disposal facility commences operations.

8. "Institutional control period" means that period of time in which the facility license is

transferred to the disposal site owner in compliance with the appropriate regulations

for long-term observation and maintenance following the postclosure period.

9. "Low-level radioactive waste" means regulated radioactive material that meets all of

the following requirements:

a. The waste is not high-level radioactive waste, spent nuclear fuel, or byproduct

material as defined in section 11e(2) of the Atomic Energy Act of 1954 [42 U.S.C.

2014(e)(2)].

b. The waste is not uranium mining or mill tailings.

c. The waste is not any waste for which the federal government is responsible

pursuant to subdivision (b) of section 3 of the Low-Level Radioactive Waste

Policy Amendments Act of 1985 [42 U.S.C. 2021c(b)].

d. The waste is not an alpha-emitting transuranic nuclide with a half-life greater than

five years and with a concentration greater than one hundred nanocuries per

gram, or plutonium-241 with a concentration greater than three thousand five

hundred nanocuries per gram, or curium-242 with a concentration greater than

twenty thousand nanocuries per gram.

10. "Major generator state" means a party state that generates ten percent of the total

amount of low-level radioactive waste produced within the compact region and

disposed of at the regional disposal facility. If no party state other than California

generates at least ten percent of the total amount, "major generator state" means the

party state that is second to California in the amount of waste produced within the

compact region and disposed of at the regional disposal facility.

11. "Management" means collection, consolidation, storage, packaging, or treatment.

12. "Operator" means a person who operates a regional disposal facility.

13. "Party state" means any state that has become a party in accordance with Article VII of

this compact.

14. "Person" means an individual, corporation, partnership, or other legal entity, whether

public or private.

15. "Postclosure period" means that period of time after completion of closure of a

disposal facility during which the licensee observes, monitors, and carries out

necessary maintenance and repairs at the disposal facility to assure that the disposal

facility will remain stable and will not need ongoing active maintenance. This period

ends with the beginning of the institutional control period.

16. "Regional disposal facility" means a nonfederal low-level radioactive waste disposal

facility established and operated under this compact.

17. "Site closure and stabilization" means the activities of the disposal facility operator

taken at the end of the disposal facility's operating life to assure the continued

protection of the public from any residual radioactive or other potential hazards present

at the disposal facility.

18. "Transporter" means a person who transports low-level radioactive waste.

19. "Uranium mine and mill tailings" means waste resulting from mining and processing of

ores containing uranium.

ARTICLE III - THE COMMISSION

1. There is hereby established the southwestern low-level radioactive waste commission.

a. The commission consists of one voting member from each party state to be

appointed by the governor, confirmed by the senate of that party state, and to

serve at the pleasure of the governor of each party state, and one voting member

from the host county. The appointing authority of each party state shall notify the

commission in writing of the identity of the member and of any alternates. An

alternate may act in the member's absence.

b. The host state shall also appoint that number of additional voting members of the

commission which is necessary for the host state's members to compose at least

fifty-one percent of the membership on the commission. The host state's

additional members must be appointed by the host state governor and confirmed

by the host state senate.

If there is more than one host state, only the state in which is located the

regional disposal facility actively accepting low-level radioactive waste pursuant

to this compact may appoint these additional members.

c. If the host county has not been selected at the time the commission is appointed,

the governor of the host state shall appoint an interim local government member,

who must be an elected representative of a local government. After a host county

is selected, the interim local government member shall resign and the governor

shall appoint the host county member pursuant to subdivision d.

d. The governor shall appoint the host county member from a list of at least seven

candidates compiled by the board of county commissioners of the host county.

e. In recommending and appointing the host county member pursuant to subdivision

d, the board of county commissioners and the governor shall give first

consideration to recommending and appointing the members of the board of

county commissioners in whose district the regional disposal facility is located or

being developed. If the board of county commissioners of the host county does

not provide a list to the governor of at least seven candidates from which to

choose, the governor shall appoint a resident of the host county as the host

county member.

f. The host county member is subject to confirmation by the senate of the host state

and serves at the pleasure of the governor of the host state.

2. The commission is a legal entity separate and distinct from the party states and is

liable for its actions. Members of the commission are not personally liable for actions

taken in their official capacity. The liabilities of the commission are not to be deemed

liabilities of the party states.

3. The commission shall conduct its business affairs pursuant to the laws of the host

state and disputes arising out of commission action must be governed by the laws of

the host state. The commission must be located in the capital city of the host state in

which the regional disposal facility is located.

4. The commission's records are subject to the host state's public records law, and the

meetings of the commission must be open and public in accordance with the host

state's open meeting law.

5. The commission members are public officials of the appointing state and are subject to

the conflict of interest laws, as well as any other law, of the appointing state. The

commission members must be compensated according to the appointing state's law.

6. Each commission member is entitled to one vote. A majority of the commission

constitutes a quorum. Unless otherwise provided in this capacity, a majority of the total

number of votes on the commission is necessary for the commission to take any

action.

7. The commission has all of the following duties and authority:

a. The commission shall do, pursuant to the authority granted by this compact,

whatever is reasonably necessary to ensure that low-level radioactive wastes are

safely disposed of and managed within the region.

b. The commission shall meet at least once a year and otherwise as business

requires.

c. The commission shall establish a compact surcharge to be imposed upon party

state generators. The surcharge must be based upon the cubic feet of low-level

radioactive waste and the radioactivity of the low-level radioactive waste and

must be collected by the operator of the disposal facility.

The host state shall set, and the commission shall impose, the surcharge

after congressional approval of the compact. The amount of the surcharge must

be sufficient to establish and maintain a reasonable level of funds for all of the

following purposes:

(1) The activities of the commission and commission staff.

(2) At the discretion of the host state, a third-party liability fund to provide

compensation for injury to persons or property during the operational,

closure, stabilization, and postclosure and institutional control periods of the

regional disposal facility. This paragraph does not limit the responsibility or

liability of the operator, who shall comply with any federal or host state

statutes or regulations regarding third-party liability claims.

(3) A local government reimbursement fund, for the purpose of reimbursing the

local governmental entity or entities hosting the regional disposal facility for

any costs or increased burdens on the local governmental entity for

services, including, general fund expenses, the improvement and

maintenance of roads and bridges, fire protection, law enforcement,

monitoring by local health officials, and emergency preparation and

response related to the hosting of the regional disposal facility.

d. The surcharges imposed by the commission for purposes of paragraphs 2 and 3

of subdivision c and surcharges pursuant to subdivision c of subsection 5 of

Article IV must be transmitted on a monthly basis to the host state for distribution

to the proper accounts.

e. The commission shall establish a fiscal year that conforms to the fiscal years of

the party states to the extent possible.

f. The commission shall keep an accurate account of all receipts and

disbursements. An annual audit of the books of the commission must be

conducted by an independent certified public accountant, and the audit report

must be made a part of the annual report of the commission.

g. The commission shall prepare and include in the annual report a budget showing

anticipated receipts and disbursements for the subsequent fiscal year.

h. The commission may accept any grants, equipment, supplies, materials, or

services, conditional or otherwise, from the federal government or a state

government. The nature, amount and condition, if any, of any donation, grant, or

other resources accepted pursuant to this subdivision and the identity of the

donor or grantor must be detailed in the annual report of the commission.

However, the host state is entitled to receive, for the uses specified in

subparagraph E of paragraph 2 of subsection d of section 2021e of title 42 of the

United States Code, any payments paid from the special escrow account for

which the secretary of energy is trustee pursuant to subparagraph A of

paragraph 2 of subsection d of section 2021e of title 42 of the United States

Code.

i. The commission shall submit communications to the governors and to the

presiding officers of the legislative assemblies of the party states regarding the

activities of the commission, including an annual report to be submitted on or

before January fifteenth of each year. The commission shall include in the annual

report a review of, and recommendations for, low-level radioactive waste disposal

methods that are alternative technologies to the shallow land burial of low-level

radioactive waste.

j. The commission shall assemble and make available to the party states, and to

the public, information concerning low-level radioactive waste management

needs, technologies, and problems.

k. The commission shall keep a current inventory of all generators within the region,

based upon information provided by the party states.

l. The commission shall keep a current inventory of all regional disposal facilities,

including information on the size, capacity, location, specific low-level radioactive

wastes capable of being managed, and the projected useful life of each regional

disposal facility.

m. The commission may establish advisory committees for the purpose of advising

the commission on the disposal and management of low-level radioactive waste.

n. The commission may enter into contracts to carry out its duties and authority,

subject to projected resources. No contract made by the commission may bind a

party state.

o. The commission shall prepare contingency plans, with the cooperation and

approval of the host state, for the disposal and management of low-level

radioactive waste in the event that any regional disposal facility should be closed.

p. The commission may sue and be sued and, when authorized by a majority vote

of the members, may seek to intervene in an administrative or judicial proceeding

related to this compact.

q. The commission must be managed by an appropriate staff, including an

executive director. Notwithstanding any other provision of law, the commission

may hire or retain, or both, legal counsel.

r. The commission may, subject to applicable federal and state laws, recommend to

the appropriate host state authority suitable land and rail transportation routes for

low-level radioactive waste carriers.

s. The commission may enter into an agreement to import low-level radioactive

waste into the region only if both of the following requirements are met:

(1) The commission approves the importation agreement by a two-thirds vote of

the commission.

(2) The commission and the host state assess the affected regional disposal

facilities' capability to handle imported low-level radioactive wastes and any

relevant environmental or economic factors, as defined by the host state's

appropriate regulatory authorities.

t. The commission may, upon petition, allow an individual generator, a group of

generators, or the host state of the compact, to export low-level radioactive

wastes to a low-level radioactive waste disposal facility located outside the

region. The commission may approve the petition only by a two-thirds vote of the

commission. The permission to export low-level radioactive wastes is effective for

that period of time and for the amount of low-level radioactive waste, and subject

to any other term or condition, which may be determined by the commission.

u. The commission may approve, only by a two-thirds vote of the commission, the

exportation outside the region of material, which otherwise meets the criteria of

low-level radioactive waste, if the sole purpose of the exportation is to process

the material for recycling.

v. The commission shall, not later than ten years before the closure of the initial or

subsequent regional disposal facility, prepare a plan for the establishment of the

next regional disposal facility.

ARTICLE IV - RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF PARTY STATES

1. There must be regional disposal facilities sufficient to dispose of the low-level

radioactive waste generated within the region.

2. Low-level radioactive waste generated within the region must be disposed of at

regional disposal facilities and each party state must have access to any regional

disposal facility without discrimination.

3. a. Upon the effective date of this compact, California must serve as the host state

and must comply with the requirements of subsection 5 for at least thirty years

from the date the regional disposal facility begins to accept low-level radioactive

waste for disposal. The extension of the obligation and duration is at the option of

California.

If California does not extend this obligation, the party state, other than

California, which is the largest major generator state, must then serve as the host

state for the second regional disposal facility.

The obligation of a host state which hosts the second regional disposal

facility must also run for thirty years from the date the second regional disposal

facility begins operations.

b. The host state may close its regional disposal facility when necessary for public

health or safety.

4. The party states of this compact cannot be members of another regional low-level

radioactive waste compact entered into pursuant to the Low-Level Radioactive Waste

Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act

of 1985 [42 U.S.C. 2021b - 2021j].

5. A host state shall do all of the following:

a. Cause a regional disposal facility to be developed on a timely basis.

b. Ensure by law, consistent with any applicable federal laws, the protection and

preservation of public health and safety in the siting, design, development,

licensing, regulation, operation, closure, decommissioning, and long-term care of

the regional disposal facilities within the state.

c. Ensure that charges for disposal of low-level radioactive waste at the regional

disposal facility are reasonably sufficient to do all of the following:

(1) Ensure the safe disposal of low-level radioactive waste and long-term care

of the regional disposal facility.

(2) Pay for the cost of inspection, enforcement, and surveillance activities at the

regional disposal facility.

(3) Assure that charges are assessed without discrimination as to the party

state of origin.

d. Submit an annual report to the commission on the status of the regional disposal

facility including projections of the facility's anticipated future capacity.

e. The host state and the operator shall notify the commission immediately upon the

occurrence of any event which could cause a possible temporary or permanent

closure of a regional disposal facility.

6. Each party state is subject to the following duties and authority:

a. To the extent authorized by federal law, each party state shall develop and

enforce procedures requiring low-level radioactive waste shipments originating

within its borders and destined for a regional disposal facility to conform to

packaging and transportation requirements and regulations. These procedures

must include all of the following requirements:

(1) Periodic inspections of packaging and shipping practices.

(2) Periodic inspections of low-level radioactive waste containers while in the

custody of transporters.

(3) Appropriate enforcement actions with respect to violations.

b. A party state may impose a surcharge on the low-level radioactive waste

generators within the state to pay for activities required by subdivision a.

c. To the extent authorized by federal law, each party state shall, after receiving

notification from a host state that a person in a party state has violated

packaging, shipping, or transportation requirements or regulations, take

appropriate actions to ensure that these violations do not continue. Appropriate

actions include requiring that a bond be posted by the violator to pay the cost of

repackaging at the regional disposal facility and prohibiting future shipments to

the regional disposal facility.

d. Each party state shall maintain a registry of all generators within the state that

may have low-level radioactive waste to be disposed of at a regional disposal

facility, including the amount of low-level radioactive waste and the class of

low-level radioactive waste generated by each generator.

e. Each party state shall encourage generators within its borders to minimize the

volume of low-level radioactive waste requiring disposal.

f. Each party state may rely on the good-faith performance of the other party states

to perform those acts that are required by this compact to provide regional

disposal facilities, including the use of the regional disposal facilities in a manner

consistent with this compact.

g. Each party state shall provide the commission with any data and information

necessary for the implementation of the commission's responsibilities, including

taking those actions necessary to obtain this data or information.

h. Each party state shall agree that only low-level radioactive waste generated

within the jurisdiction of the party states may be disposed of in the regional

disposal facility, except as provided in subdivision s of subsection 7 of Article III.

i. Each party state shall agree that if there is any injury to persons or property

resulting from the operation of a regional disposal facility, the damages resulting

from the injury may be paid from the third-party liability fund pursuant to

paragraph 2 of subdivision c of subsection 7 of Article III, only to the extent that

the damages exceed the limits of liability insurance carried by the operator. No

party state, by joining this compact, assumes any liability resulting from the siting,

operation, maintenance, long-term care, or other activity relating to a regional

facility, and no party state is liable for any harm or damage resulting from a

regional facility not located within the state.

ARTICLE V - APPROVAL OF REGIONAL FACILITIES

A regional disposal facility must be approved by the host state in accordance with its laws.

This compact does not confer any authority on the commission regarding the siting, design,

development, licensing, or other regulation, or the operation, closure, decommissioning, or

long-term care of, any regional disposal facility within a party state.

ARTICLE VI - PROHIBITED ACTS AND PENALTIES

1. No person may dispose of low-level radioactive waste within the region unless the

disposal is at a regional disposal facility, except as otherwise provided in subdivisions t

and u of subsection 7 of Article III.

2. No person may dispose of or manage any low-level radioactive waste within the region

unless the low-level radioactive waste was generated within the region, except as

provided in subdivisions s, t, and u of subsection 7 of Article III.

3. Violations of this section must be reported to the appropriate law enforcement agency

within the party state's jurisdiction.

4. Violations of this section may result in prohibiting the violator from disposing of

low-level radioactive waste in the regional disposal facility, as determined by the

commission or the host state.

ARTICLE VII - ELIGIBILITY, ENTRY INTO EFFECT,

CONGRESSIONAL CONSENT, WITHDRAWAL, EXCLUSION

1. Arizona, North Dakota, South Dakota, and California are eligible to become parties to

this compact. Any other state may be made eligible by a majority vote of the

commission and ratification by the legislative assemblies of all of the party states by

statute, and upon compliance with those terms and conditions for eligibility which the

host state may establish. The host state may establish all terms and conditions for the

entry of any state, other than the states named in this subsection, as a member of this

compact.

2. Upon compliance with the other provisions of this compact, an eligible state may

become a party state by legislative enactment of this compact or by executive order of

the governor of the state adopting this compact. A state becoming a party state by

executive order ceases to be a party state upon adjournment of the first general

session of its legislative assembly convened after the executive order is issued, unless

before the adjournment the legislative assembly enacts this compact.

3. A party state, other than the host state, may withdraw from the compact by repealing

the enactment of this compact, but this withdrawal does not become effective until two

years after the effective date of the repealing legislation. If a party state which is a

major generator of low-level radioactive waste voluntarily withdraws from the compact

pursuant to this subsection, that state shall make arrangements for the disposal of the

other party states' low-level radioactive waste for a time period equal the period of time

it was a member of this compact.

If the host state withdraws from the compact, the withdrawal does not become

effective until five years after the effective date of the repealing legislation.

4. A party state may be excluded from this compact by a two-thirds vote of the

commission members, acting in a meeting, if the state to be excluded has failed to

carry out any obligations required by this compact.

5. This compact takes effect upon the enactment by statute by the legislatures of

California and at least one other eligible state and upon the consent of Congress and

remains in effect until otherwise provided by federal law. This compact is subject to

review by Congress and the withdrawal of the consent of Congress every five years

after its effective date, pursuant to federal law.

ARTICLE VIII - CONSTRUCTION AND SEVERABILITY

1. This compact must be broadly construed to carry out the purposes of the compact, but

the sovereign powers of a party state may not be infringed unnecessarily.

2. This compact does not affect any judicial proceeding pending on the effective date of

this compact.

3. If any provision of this compact or the application thereof to any person or

circumstances is held invalid, that invalidity does not affect other provisions or

applications of the compact which can be given effect without the invalid provision or

application, and to this end the provisions of this compact are severable.

4. Nothing in this compact diminishes or otherwise impairs the jurisdiction, authority, or

discretion of either of the following:

a. The nuclear regulatory commission pursuant to the Atomic Energy Act of 1954, as

amended [42 U.S.C. 2011 et seq.].

b. An agreement state under section 274 of the Atomic Energy Act of 1954, as

amended [42 U.S.C. 2021].

5. Nothing in this compact confers any new authority on the states or commission to do

any of the following:

a. Regulate the packaging or transportation of low-level radioactive waste in a

manner inconsistent with the regulations of the nuclear regulatory commission or

the United States department of transportation.

b. Regulate health, safety, or environmental hazards from source, byproduct, or

special nuclear material.

c. Inspect the activities of licensees of the agreement states or of the nuclear

regulatory commission.
N.D. Cent. Code § 23.1-15-12 — ND Code / Title 23.1 / Chapter 23.1-15 / Section 23.1-15-12
23.1-15-12. Storage of vehicles by collector - Limitations
Status: in_force

23.1-15-12. Storage of vehicles by collector - Limitations

A collector may store unlicensed, operable or inoperable, vehicles and parts cars on the

collector's property provided the vehicles and parts cars and the outdoor storage area are

maintained so they do not constitute a health hazard and are screened from ordinary public

view by means of a fence, trees, shrubbery, or other appropriate means.
N.D. Cent. Code § 23.1-11-11 — ND Code / Title 23.1 / Chapter 23.1-11 / Section 23.1-11-11
23.1-11-11. Rules
Status: in_force

23.1-11-11. Rules

The department, with the approval of the commissioner and the director of the department

of water resources, shall adopt rules necessary for implementation of this chapter.
N.D. Cent. Code § 23.1-13-08 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-08
23.1-13-08. Labeling kerosene - Containers - Pipeline
Status: in_force

23.1-13-08. Labeling kerosene - Containers - Pipeline

Every package, barrel, filling station pump, and every tank wagon, truck, or car containing

kerosene for sale or consignment when held within this state or transported into this state must

be clearly and distinctly stamped, labeled, or tagged with the word "kerosene". Every oil station

pipeline for kerosene must be painted aluminum and must be entirely separate from lines for

gasoline or other low flash products.
N.D. Cent. Code § 23.1-08-17 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-17
23.1-08-17. Disclosure of information before issuance, renewal, transfer, or major modification of permit
Status: in_force

23.1-08-17. 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 solid 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 which has been entered against the applicant

within five years before the date of submission of the application.
N.D. Cent. Code § 23.1-10-03 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-03
23.1-10-03. Rules adoption
Status: in_force

23.1-10-03. Rules adoption

The department of environmental quality may adopt rules to implement this chapter.
N.D. Cent. Code § 23.1-13-17 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-17
23.1-13-17. Report to tax commissioner of petroleum products - Contents
Status: in_force

23.1-13-17. Report to tax commissioner of petroleum products - Contents

No later than the twenty-fifth day of each calendar month, every person licensed by the tax

commissioner as a motor vehicle fuel, special fuels, or liquefied petroleum wholesale dealer

shall send to the tax commissioner a correct report of all purchases and sales of gasoline,

kerosene, tractor fuel, heating oil, or diesel fuel during the preceding month. The report must

include the same information as required in chapters 57-43.1 and 57-43.2 for motor vehicle fuel

and special fuels tax collection purposes. Failure to send the report and inspection fee required

by the preceding section to the tax commissioner constitutes a violation of the provisions of this

chapter.
N.D. Cent. Code § 23.1-16-04 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-04
23.1-16-04. Powers and duties of chief boiler inspector
Status: in_force

23.1-16-04. Powers and duties of chief boiler inspector

1. The chief boiler inspector shall:

a. Keep a complete record of the type, dimensions, maximum allowable working

pressure, age, condition, location, and date of the last-recorded internal and

external inspection of boilers to which this chapter applies.

b. Cooperate and assist in loss prevention programs sponsored by the department.

2. The chief boiler inspector may delegate powers and duties to any deputy inspector or

special inspector.
N.D. Cent. Code § 23.1-03-02 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-02
23.1-03-02. State radiation control agency
Status: in_force

23.1-03-02. State radiation control agency

The department of environmental quality shall administer the statewide licensing and

regulatory radiation program under this chapter.
N.D. Cent. Code § 23.1-13-03 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-03
23.1-13-03. Sale of adulterated and misbranded gasoline, kerosene, tractor fuel, heating oil, diesel fuel, or lubricating oil prohibited
Status: in_force

23.1-13-03. Sale of adulterated and misbranded gasoline, kerosene, tractor fuel,

heating oil, diesel fuel, or lubricating oil prohibited.

A person may not sell or offer or expose for sale any kerosene, gasoline, or other petroleum

product intended to be used as kerosene, gasoline, any tractor fuel, heating oil, diesel fuel, or

lubricating oil that is adulterated or misbranded.
N.D. Cent. Code § 23.1-04.1-01 — ND Code / Title 23.1 / Chapter 23.1-04.1 / Section 23.1-04.1-01
23.1-04.1-01. Definitions
Status: in_force

23.1-04.1-01. Definitions

For purposes of this chapter:

1. "Aboveground storage tank" means any one or a combination of aboveground

containers, vessels, or enclosures, including associated piping or appurtenances used

to store an accumulation of refined petroleum products that is not an underground

storage tank as defined in chapter 23.1-04. The term does not include a:

a. Farm or residential tank used for storing motor fuel for noncommercial purposes.

b. Tank used for storing heating oil for consumptive use on the premises where

stored.

c. Septic tank.

d. Pipeline facility, including gathering lines and breakout tanks, regulated under:

(1) The Natural Gas Pipeline Safety Act of 1968 [Pub. L. 90-481].

(2) The Hazardous Liquid Pipeline Safety Act of 1979 [Pub. L. 96-129,

49 U.S.C. 60101 et seq.].

(3) An interstate pipeline facility regulated under state laws comparable to the

provisions of law in paragraph 1 or 2.

(4) Title 49, Code of Federal Regulations, part 195.

e. Surface impoundment, pit, pond, lagoon, storm water collection system, or

wastewater collection system.

f. Flow-through process tank or vapor recovery unit tank.

g. Liquid trap or associated gathering lines directly related to oil or gas production

and gathering operations.

h. Tank owned by the federal government.

i. Tank used for the transportation of petroleum.

j. Tank with a capacity under one thousand three hundred twenty gallons

[4996.73 liters] used to store lubricating oil.

k. Tank used to store ethanol or biodiesel for wholesale purposes with a capacity

greater than twenty thousand gallons [75708.24 liters].

l. Tank that is located at or is part of a terminal, midstream facility, petrochemical

plant, syngas plant, fertilizer plant, petroleum or renewable fuels refinery, electric

energy conversion facility, electric transmission related facility, and associated

transloading facility.

m. Tank, liquid trap, gathering line, or other facility associated with exploration,

development, or production of oil, gas, or geothermal resources controlled under

n. Asphalt tank.

o. Storage tank situated in an underground area, including a basement, cellar, mine,

mine drift, mine shaft, or mine tunnel, if the storage tank is situated upon or above

the surface of the floor.

p. Propane storage tank.

q. Tank used to fuel or service rail locomotives, rail equipment, or coal mining

equipment.

r. Portable tank.

s. Tank under subdivision d or l of subsection 16 of section 23.1-12-02, unless the

owner or operator registers the tank and is eligible for reimbursement under the

petroleum release compensation fund.

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

3. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or

placing of any solid waste or hazardous waste into or on any land or water so the solid

waste or hazardous waste or any hazardous constituent of the waste may enter the

environment or be emitted into the air or discharged into any waters, including ground

water.

4. "Electric energy conversion facility" means a plant, addition, or combination of a plant

and addition, designed for or capable of wind energy generation, or any means of

energy generation, and the plant associated facilities.

5. "Electric transmission related facility" means an electric transmission line and

associated facilities designed for transmission of generated electricity, or a facility used

for utility-scale storage of electricity and connected or adjacent to an electric

transmission facility or facility controlled by or serving a utility with electric energy

transmission, and distribution equipment and materials.

6. "Facility" means all contiguous land and structures, other appurtenances, and

improvements on the land used for storing a regulated substance. A facility may

consist of several contiguous storage or operational units.

7. "Midstream facility" means a facility that receives petroleum products by pipeline or by

truck. The term does not include a retailer or end user.

8. "Operator" means a person in control of, or having responsibility for, the daily

operation of an aboveground storage tank.

9. "Owner" means a person who holds title to, controls, or possesses an interest in the

aboveground storage tank.

10. "Petroleum" means:

a. Gasoline or petroleum products as defined in chapter 23.1-13;

b. Constituents of gasoline or fuel oil under subdivision a; and

c. Oil sludge and oil refuse.

11. "Portable tank" means a storage tank and storage tank piping or wiring that is not

stationary or affixed, including a tank on skids.

12. "Refined petroleum products" means gasoline, kerosene, heating oils, diesel fuels, and

other compounds as defined by the department.

13. "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or

disposing from an aboveground storage tank into the environment, including ground

water, surface water, or subsurface soils.

14. "Terminal" means a refined petroleum product storage and distribution facility that is

supplied directly by pipeline and from which the refined petroleum product may be

removed from the rack.

15. "Utility" means a person engaged in and controlling electric generation, transmission of

electric energy, or the transmission of water from or to any electric energy conversion

facility.
N.D. Cent. Code § 23.1-04-05 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-05
23.1-04-05. Hazardous waste regulations
Status: in_force

23.1-04-05. Hazardous waste regulations

Under chapter 28-32, the department shall adopt rules:

1. For determining whether any waste is hazardous.

2. Prescribing procedures for generators of hazardous waste.

3. For the issuance of permits for the storage, treatment, and disposal of hazardous

waste in an environmentally sound manner, utilizing best scientific and engineering

judgment.

4. Prescribing procedures under which the department shall issue, renew, modify,

suspend, revoke, or deny permits required by this chapter. The rules must provide that

no permit may be revoked until the department has provided the affected party with

written notice of the intent of the department to revoke the permit, the reasons for the

revocation, and an opportunity for a hearing.

5. For the location, design, construction, operation, and maintenance of treatment,

storage, and disposal facilities.

6. For the transportation, containerization, and labeling of hazardous wastes which must

be consistent with those issued by the United States department of transportation and

the public service commission and department of transportation.

7. Prescribing procedures and requirements for a manifest system.

8. Prescribing procedures and requirements for the following:

a. Recordkeeping.

b. Reporting.

c. Sampling.

d. Performing analysis.

e. Monitoring.

9. Requiring the owner or operator of any hazardous waste treatment, storage, or

disposal facility to demonstrate evidence of financial responsibility in the form and

amount determined by the department to be necessary to ensure that, upon

abandonment, cessation, or interruption of the operation of the facility, all appropriate

measures are taken to prevent damage to human health and the environment.

10. Any other rules necessary to carry out the purposes of this chapter.
N.D. Cent. Code § 23.1-07.1-05 — ND Code / Title 23.1 / Chapter 23.1-07.1 / Section 23.1-07.1-05
23.1-07.1-05. Appeal to the department
Status: in_force

23.1-07.1-05. Appeal to the department

1. An action of a political subdivision denying, modifying, or revoking a permit to install an

onsite wastewater treatment system may be appealed to the department by petition for

review. The appeal must be filed with the department within ten days of receiving

notice of the denial, modification, or revocation.

2. Upon receipt of the petition, the department shall review the appealed decision and the

petition to determine whether the denial, modification, or revocation was made in

accordance with the provisions of this title and rules. The department shall provide its

findings and recommendation to the political subdivision, the licensed installer, and the

owner of the property where the proposed onsite wastewater treatment system is

located.
N.D. Cent. Code § 23.1-08-11 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-11
23.1-08-11. Solid waste management fund - Administration
Status: in_force

23.1-08-11. Solid waste management fund - Administration

The solid waste management fund is a special fund in the state treasury. The Bank of North

Dakota shall administer the fund. The fund is a revolving fund, subject to appropriation by the

legislative assembly. The Bank may annually deduct up to one-half of one percent of the fund

balance including the principal balance of the outstanding loans as a service fee for

administering the fund. The Bank shall contract with a certified public accounting firm to audit

the fund once every two years. The cost of the audit and any other actual costs incurred by the

Bank on behalf of the fund must be paid from the fund. Section 54-44.1-11 does not apply to the

fund.
N.D. Cent. Code § 23.1-14-06 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-06
23.1-14-06. Rules and regulations
Status: in_force

23.1-14-06. Rules and regulations

The department may adopt reasonable rules and standards under chapter 28-32 as

necessary to administer this chapter.
N.D. Cent. Code § 23.1-11-04 — ND Code / Title 23.1 / Chapter 23.1-11 / Section 23.1-11-04
23.1-11-04. Chemical use data and confidentiality requirement
Status: in_force

23.1-11-04. Chemical use data and confidentiality requirement

The department may require chemical use data from product registrants on products that

have been or may likely be found in ground water to conduct its ground water protection

program. This information must include chemical registration data and sales information. The

department shall keep this information confidential.
N.D. Cent. Code § 23.1-12-30 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-30
23.1-12-30. Investment of fund
Status: in_force

23.1-12-30. Investment of fund

Investment of the fund is under the supervision of the state investment board in accordance

with chapter 21-10. The department may purchase a contract for reinsurance of any risk to be

paid by the fund. The department may investigate the purchase of insurance that reimburses an

owner or operator for property damage claims by third parties other than claims for costs of

corrective action.
N.D. Cent. Code § 23.1-12-03 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-03
23.1-12-03. Petroleum release compensation board
Status: in_force

23.1-12-03. Petroleum release compensation board

The petroleum release compensation advisory board shall review claims against the fund.

The board consists of five members appointed by the governor, three of whom are active in

petroleum marketing; one of whom is active in the petroleum, crude oil, or refining industry; and

one of whom is active in the insurance industry. A member active in petroleum marketing must

be appointed from a list of three recommended by the North Dakota retail petroleum marketers

association. A member active in the petroleum, crude oil, or refining industry must be appointed

from a list of three recommended by the North Dakota petroleum council. A member active in

the insurance industry must be appointed from a list of three recommended by the North Dakota

professional insurance agents association. Members must be appointed to terms of three years

with the terms arranged so the term of at least one member, but no more than two members,

expires June thirtieth of each year. A member shall hold office until a successor is duly

appointed and qualified. Each member of the board is entitled to receive sixty-two dollars and

fifty cents per diem for each day actually spent in the performance of official duties, plus mileage

and expenses as allowed to other state officers.
N.D. Cent. Code § 23.1-12-24 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-24
23.1-12-24. Costs exceeding reimbursement
Status: in_force

23.1-12-24. Costs exceeding reimbursement

If the cost of any extraordinary authorized action under this chapter exceeds amounts

awarded to the department from the federal government, the department may pay the

department's corrective actions costs, including the cost of investigating a release, if the board

finds that the cause was a petroleum substance, that an adequate amount exists in the fund to

pay for the corrective action, that the occurrence was extraordinary in scope and size, and that

a danger to the health and safety of citizens exists.
N.D. Cent. Code § 23.1-04-02 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-02
23.1-04-02. Definitions
Status: in_force

23.1-04-02. Definitions

For purposes of this chapter, unless the context otherwise requires:

1. "Commercial facility" means all contiguous land, structures, appurtenances, and

improvements on the land used for treatment and disposal of hazardous waste

received from offsite generators.

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

3. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or

placing of any solid waste or hazardous waste into or on any land or water so the solid

waste or hazardous waste or any hazardous constituent of the waste may enter the

environment or be emitted into the air or discharged into any waters, including ground

water.

4. "Facility" means all contiguous land and structures, other appurtenances, and

improvements on the land, used for treating, storing, or disposing of hazardous waste.

A facility may consist of several contiguous treatment, storage, or disposal operational

units.

5. "Generator" means any person, by site, through act or process produces hazardous

waste or first causes a hazardous waste to become subject to regulation.

6. "Hazardous waste" means any waste or combination of wastes of a solid, liquid,

contained gaseous, or semisolid form that:

a. Because of its quantity, concentration, or physical, chemical, or other

characteristic, in the judgment of the department may:

(1) Cause, or significantly contribute to, an increase in mortality or an increase

in serious irreversible or incapacitating reversible illness; or

(2) Pose a substantial present or potential hazard to human health or the

environment when improperly treated, stored, disposed of, or otherwise

managed; or

b. Is identified by the mechanisms established in this chapter, including those that

exhibit extraction procedure toxicity, corrosivity, ignitability, or reactivity.

7. "Hazardous waste management" means the systematic control of the collection,

source separation, storage, transportation, processing, treatment, recovery, and

disposal of hazardous waste.

8. "Manifest" means the document used for identifying the quantity, composition, origin,

routing, and destination of hazardous waste during transportation from the site of

generation to the site of storage, treatment, or disposal.

9. "Owner" means, in the case of an underground storage tank:

a. In use after November 7, 1984, any person that owns or operates an

underground storage tank used for the storage, use, or dispensing of regulated

substances.

b. In use before November 8, 1984, but no longer in use after that date, any person

that owned or operated such a tank immediately before the discontinuation of the

tank's use.

10. "Regulated substance" means:

a. Any substance defined in section 101(14) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et seq.], as

amended, but not including any substance regulated as a hazardous waste under

subtitle C of the Resource Conservation and Recovery Act [42 U.S.C. 6901 et

seq.], as amended.

b. Petroleum, including crude oil or any fraction of crude oil that is liquid at standard

conditions of temperature and pressure (sixty degrees Fahrenheit [16 degrees

Celsius] and fourteen and seven-tenths pounds per square inch [101.35

kilopascal] absolute).

11. "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or

disposing from an underground storage tank into ground water, surface water, or

subsurface soils.

12. "Storage" means the holding of hazardous waste at a site for a temporary period, at

the end of which the hazardous waste is treated, disposed of, or transported and

retained elsewhere.

13. "Transportation" means the offsite movement of hazardous wastes to any intermediate

site or to any site of storage, treatment, or disposal.

14. "Treatment" means any method, technique, or process, including neutralization,

designed to change the physical, chemical, or biological character or composition of

any hazardous waste to neutralize the waste, to recover energy or material resources

from the waste, or to render the waste nonhazardous or less hazardous; safer to

transport, store, or dispose of; or amenable for recovery, amenable for storage, or

reduced in volume.

15. "Treatment, storage, or disposal facility" means a location at which hazardous waste is

subjected to treatment, storage, or disposal, and may include a facility at which

hazardous waste has been generated.

16. "Underground storage tank" means any one or combination of underground tanks,

including underground pipes connected to an underground tank, used to contain an

accumulation of regulated substances, and the volume of which, including the volume

of the underground pipes connected to it, is ten percent or more beneath the surface

of the ground. Exemptions from this definition and rules adopted under this chapter

include:

a. Farm or residential tanks of one thousand one hundred gallons [4163.94 liters] or

less capacity used for storing motor fuel for noncommercial purposes.

b. Tanks used for storing heating oil for consumptive use on the premises where

stored.

c. Septic tanks.

d. A pipeline facility, including gathering lines, regulated under:

(1) The Natural Gas Pipeline Safety Act of 1968 [Pub. L. 90-481].

(2) The Hazardous Liquid Pipeline Safety Act of 1979 [Pub. L. 96-129, 49

U.S.C. 60101 et seq.].

(3) An interstate pipeline facility regulated under state laws comparable to the

provisions of law in paragraph 1 or 2.

e. Surface impoundments, pits, ponds, or lagoons.

f. Storm water or wastewater collection systems.

g. Flow-through process tanks.

h. Liquid traps or associated gathering lines directly related to oil or gas production

and gathering operations.

i. Storage tanks situated in an underground area such as a basement, cellar, mine

working, drift, shaft, or tunnel if the storage tank is situated on or above the

surface of the floor.

17. "Waste" means any garbage, refuse, sludge from a waste treatment plant, water

supply treatment plant, or air pollution control facility; and other discarded material,

including solid, liquid, semisolid, or contained gaseous material resulting from

commercial, industrial, or other chemical, biological, or physical activities. It does not

include solid or dissolved material in domestic sewage or solid or dissolved material in

irrigation return flows or industrial discharges, which are point sources subject to

permits under section 402 of the Federal Clean Water Act [Pub. L. 95-217; 22 U.S.C.

1251 et seq.], as amended, or source, special nuclear, or byproduct material as

defined by the Atomic Energy Act of 1954 [Pub. L. 83-703; 42 U.S.C. 2011 et seq.], as

amended, or to coal mining wastes or overburden for which a surface coal mining and

reclamation permit is issued or approved under the Surface Mining Control and

Reclamation Act of 1977 [Pub. L. 95-87; 30 U.S.C. 1201 et seq.].
N.D. Cent. Code § 23.1-12-02 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-02
23.1-12-02. Definitions
Status: in_force

23.1-12-02. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Actually incurred" means, in the case of corrective action expenditures, the owner,

operator, landowner, an insurer, or a contractor hired by the owner, operator, or the

landlord has expended time and materials, and only that person is receiving

reimbursement from the fund.

2. "Board" means the petroleum release compensation board.

3. "Corrective action" means an action required by the department to minimize, contain,

eliminate, remediate, mitigate, or clean up a release, including any remedial

emergency measures. The term does not include the repair or replacement of

equipment or preconstructed property.

4. "Dealer" means a person licensed by the tax commissioner to sell motor vehicle fuel or

special fuels within the state.

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

6. "Electric energy conversion facility" means a plant, addition, or combination of a plant

and addition, designed for or capable of wind energy generation, or any means of

energy generation, and the plant associated facilities.

7. "Electric transmission related facility" means an electric transmission line and

associated facilities designed for transmission of generated electricity, or a facility used

for utility-scale storage of electricity and connected or adjacent to an electric

transmission facility or facility controlled by or serving a utility with electric energy

transmission, and distribution equipment and materials.

8. "Fund" means the petroleum release compensation fund.

9. "Location" means a physical address or site that has contiguous properties.

Noncontiguous properties within a municipality or other governmental jurisdiction are

considered separate locations.

10. "Midstream facility" means a facility that receives petroleum products by pipeline or by

truck. The term does not include a retailer or end user.

11. "Operator" means a person in control of, or having responsibility for, the daily

operation of a tank under this chapter.

12. "Owner" means a person who holds title to, controls, or possesses an interest in the

tank before the discontinuation of its use.

13. "Petroleum" means any of the following:

a. Gasoline and petroleum products as defined in chapter 23.1-13.

b. Constituents of gasoline and fuel oil under subdivision a.

c. Oil sludge and oil refuse.

14. "Portable tank" means a storage tank along with its piping and wiring that is not

stationary or affixed, including a tank that is on skids.

15. "Release" means any unintentional spilling, leaking, emitting, discharging, escaping,

leaching, or disposing of petroleum from a tank into the environment whether occurring

before or after the effective date of this chapter, but does not include discharges or

designed venting allowed under federal or state law or under adopted rules.

16. "Tank" means any one or a combination of containers, vessels, and enclosures,

whether aboveground or underground, including associated piping or appurtenances

used to contain an accumulation of petroleum, ethanol, or biodiesel. The term does not

include:

a. Tanks owned by the federal government.

b. Tanks used for the transportation of petroleum.

c. A pipeline facility, including gathering lines and breakout tanks:

(1) Regulated under the Natural Gas Pipeline Safety Act of 1968.

(2) Regulated under the Hazardous Liquid Pipeline Safety Act of 1979.

(3) Regulated under state laws comparable to the provisions of law in

paragraph 1 or 2, if the facility is an interstate pipeline facility.

(4) Regulated under title 49, Code of Federal Regulations, part 195.

d. An underground farm or residential tank with a capacity of one thousand one

hundred gallons [4163.94 liters] or less or an aboveground farm or residential

tank of any capacity used for storing motor fuel for noncommercial purposes.

However, the owner of an aboveground farm or residential tank may, upon

application, register the tank and be eligible for reimbursement under this chapter.

e. A tank used for storing heating oil for consumptive use on the premises where

stored.

f. A surface impoundment, pit, pond, lagoon, storm water collection system, or

wastewater collection system.

g. A flowthrough process tank or vapor recovery unit tank.

h. A tank, liquid trap, gathering lines, or other facility associated with the exploration,

development, or production of oil, gas, or geothermal resources under title 38.

i. A storage tank situated in an underground area such as a basement, cellar, mine

working, drift, shaft, or tunnel, if the storage tank is situated upon or above the

surface of the floor.

j. A tank used for the storage of propane.

k. A tank used to fuel or service rail locomotives, rail equipment, or surface coal

mining equipment.

l. An aboveground tank used to feed diesel fuel generators. Upon application, the

owner or operator of an aboveground tank used to feed diesel fuel generators

may register the tank and is eligible for reimbursement under this chapter.

m. A portable tank.

n. A tank with a capacity under one thousand three hundred twenty gallons

[4996.728 liters] used to store lubricating oil.

o. A tank used to store ethanol or biodiesel for wholesale purposes with a capacity

of greater than twenty thousand gallons [75708.24 liters].

p. A tank that is located at or is part of a terminal, midstream facility, petrochemical

plant, syngas plant, fertilizer plant, petroleum or renewable fuels refinery, electric

energy conversion facility, or electric transmission related facility, including

associated transloading facility.

q. An asphalt tank.

r. A septic tank.

17. "Tank integrity test" means a test to determine that a tank is sound and not leaking.

For an underground tank, the term means a certified third-party test that meets

environmental protection agency leak detection requirements. For an aboveground

tank, the term means a test conducted according to steel tank institute SP 001 or

American petroleum institute 653.

18. "Terminal" means a refined petroleum product storage and distribution facility that is

supplied directly by pipeline and from which the refined petroleum product may be

removed from the rack.

19. "Third party" means a person who is damaged by the act of a registered owner,

operator, or dealer requiring corrective action, or a person who suffers bodily injury or

property damage caused by a petroleum release.

20. "Utility" means a person engaged in and controlling electric generation, the

transmission of electric energy, or the transmission of water from or to any electric

energy conversion facility.
N.D. Cent. Code § 23.1-11-09 — ND Code / Title 23.1 / Chapter 23.1-11 / Section 23.1-11-09
23.1-11-09. Pollution prevention criteria
Status: in_force

23.1-11-09. Pollution prevention criteria

The commissioner, in cooperation with the department, North Dakota state university

extension service, and the North Dakota agricultural experiment station, may develop pollution

prevention criteria for areas utilized for mixing and storing agricultural chemicals at the retail and

end use levels.
N.D. Cent. Code § 23.1-16-03 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-03
23.1-16-03. Qualifications of chief boiler inspector - Deputy inspectors
Status: in_force

23.1-16-03. Qualifications of chief boiler inspector - Deputy inspectors

1. An individual is not eligible to the office of chief boiler inspector unless that individual:

a. Has had at the time of the appointment at least five years' experience in the

construction, inspection, operation, maintenance, or repair of high-pressure

boilers and pressure vessels as a mechanical engineer, boilermaker, steam

operating engineer, or boiler inspector. An applicant possessing a mechanical

engineering degree from an accredited school may substitute that degree for two

years of the five years' experience, at the discretion of the department.

b. Holds a commission issued by the national board of boiler and pressure vessel

inspectors or obtains the commission within one year after the date of

appointment by the department.

c. Is not directly or indirectly interested in the manufacture or sale of boilers or

steam machinery or articles used in the construction or maintenance of engines

or boilers.

2. The department shall establish qualifications for a deputy inspector which are not

inconsistent with the requirements of the position.
N.D. Cent. Code § 23.1-01-11.1 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-11.1
23.1-01-11.1. Environmental compliance background review - Criminal history background checks
Status: in_force

23.1-01-11.1. Environmental compliance background review - Criminal history

background checks.

1. As part of an environmental compliance background review, the department may

require an applicant for a radioactive materials license under chapter 23.1-03 or a solid

waste permit under chapter 23.1-08 to complete a statewide and nationwide criminal

history record check as provided in section 12-60-24. The applicant shall submit

personal information and fingerprints with the application necessary to complete the

statewide and nationwide criminal history record check in the manner provided in

subsection 1 of section 12-60-24. All costs associated with the statewide and

nationwide criminal history record check are the responsibility of the applicant.

2. For purposes of this section, an "applicant" means the person applying for the license

or permit, and includes:

a. Each entity as defined in subsection 7 of section 10-01.1-02 that is, or is

proposed to be:

(1) A partner in a partnership as defined in subsection 19 of section 45-13-01;

(2) An entity holding ten percent or more of the applicant's debt;

(3) An entity holding ten percent or more of the applicant's equity; or

(4) The parent of a corporation as defined in subsection 46 of section

10-19.1-01.

b. Each individual who has, or is proposed to have, any of the following

relationships with the applicant:

(1) A board member as defined in subsection 8 of section 10-19.1-01;

(2) A partner in a partnership as defined in subsection 19 of section 45-13-01;

(3) An officer as defined in section 10-15-29 or 10-19.1-52;

(4) A radiation safety officer as defined in North Dakota Administrative Code

subsection 34 of section 33.1-10-01-04;

(5) A holder of ten percent or more of the applicant's debt; or

(6) A holder of ten percent or more of the applicant's equity.

3. The department may deny an application for the issuance, renewal, transfer, or major

modification of a license or permit based on its environmental compliance background

review.

a. Reasons for denial include:

(1) The applicant has intentionally misrepresented or concealed any material

fact in a statement required under this section;

(2) The applicant has been convicted of a felony or pleaded guilty or nolo

contendere to a felony involving the laws of any state or the federal

government within five years preceding the application;

(3) The applicant has been adjudicated in contempt of an order of any court

enforcing the laws of this state or any other state or the federal government

within five years preceding the application; or

(4) The applicant has repeatedly violated any state or federal environmental

protection laws.

b. The department also shall consider the relevance of the offense to the business

to which the license or permit is issued, the nature and seriousness of the

offense, the circumstances under which the offense occurred, the date of the

offense, and the ownership and management structure in place at the time of the

offense.
N.D. Cent. Code § 23.1-11-12 — ND Code / Title 23.1 / Chapter 23.1-11 / Section 23.1-11-12
23.1-11-12. Producer liability
Status: in_force

23.1-11-12. Producer liability

Liability may not be imposed upon an agricultural producer for costs of active cleanup, or for

any damage associated with or resulting from the detection in ground water, of a pesticide if the

applicator has complied with label instructions and other precautions for application of the

pesticide and the applicator has a valid appropriate applicator's certification. Compliance with

these requirements may be raised as an affirmative defense by an agricultural producer.
N.D. Cent. Code § 23.1-16-01 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-01
23.1-16-01. Definitions
Status: in_force

23.1-16-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Boiler" means a closed vessel in which water is heated, steam is generated, steam is

superheated, or any combination thereof, under pressure or vacuum for use externally

to the boiler by the direct application of heat from the combustion of fuels, or from

electricity or nuclear energy. The term includes fired units for vaporizing liquids other

than water when these units are separate from processing systems and are complete

within themselves.

2. "Department" means the department of environmental quality.
N.D. Cent. Code § 23.1-12-19 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-19
23.1-12-19. Application for reimbursement
Status: in_force

23.1-12-19. Application for reimbursement

An owner or operator that is a first-party claimant and that proposes to take corrective

action or has undertaken corrective action in response to a release, the time of the release

being unknown, may apply to the department for partial or full reimbursement under section
N.D. Cent. Code § 23.1-08-13 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-13
23.1-08-13. Preconstruction site review
Status: in_force

23.1-08-13. Preconstruction site review

The department, in cooperation with the department of water resources and the state

geologist, shall develop criteria for siting a solid waste disposal facility based upon potential

impact on environmental resources. Any application for a landfill permit received after the

department develops siting criteria as required by this section must be reviewed for site

suitability by the department after consultation with the department of water resources and state

geologist before any site development. Site development does not include the assessment or

monitoring associated with the review as required by the department in consultation with the

department of water resources and state geologist.
N.D. Cent. Code § 23.1-12-16 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-16
23.1-12-16. Penalty
Status: in_force

23.1-12-16. Penalty

A tank owner violating section 23.1-12-17 is guilty of a class B misdemeanor unless another

penalty is specifically provided.
N.D. Cent. Code § 23.1-16-14 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-14
23.1-16-14. Rules - Penalty for violation - Hearing
Status: in_force

23.1-16-14. Rules - Penalty for violation - Hearing

1. The department shall adopt rules for the safe and proper installation, use, operation,

and inspection of boilers and pressure vessels subject to this chapter.

2. The department shall adopt rules for the licensing of operators of hobby boilers used

during parades, exhibitions, and threshing shows where the public is invited.

3. A fee must be charged for an operating license, for a license renewal, and for an

examination conducted to determine minimum competence. Individuals operating

hobby boilers within this state as of July 1, 2007, are considered acceptable for a

license without additional training or examination. An individual who is not a resident of

this state and who holds a boiler operator license or credential in another state or

Canadian province is exempt from licensure as a hobby boiler operator in this state.

4. The department may not issue a certificate of inspection to any owner or user of a

boiler who fails or refuses to comply with the rules. The department shall revoke any

certificate presently in force upon evidence that the owner or user of the boiler is failing

or refusing to comply with the rules.

5. Any owner or user of a boiler may request a hearing before the department within

fifteen days from service of an order refusing or revoking a certificate of inspection. It

is the burden of the owner or user to show cause why the certificate of inspection

should not be refused or revoked. If no hearing is requested within the required period,

the order of the department becomes final and is not subject to further proceedings.
N.D. Cent. Code § 23.1-01-16 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-16
23.1-01-16. Standards for well drilling and installation of water well pumps, pitless units, and monitoring wells - Reports required
Status: in_force

23.1-01-16. Standards for well drilling and installation of water well pumps, pitless

units, and monitoring wells - Reports required.

1. All construction of water wells must comply with the rules adopted by the department

of environmental quality.

2. All installation of water well pumps and pitless units must comply with the rules

adopted by the department of environmental quality.

3. All monitoring wells constructed must comply with the rules adopted by the department

of environmental quality. Each monitoring well contractor shall furnish all reports

required by the rules of the department.

4. All drilling of geothermal systems must comply with the rules adopted by the

department of environmental quality and the state geologist.
N.D. Cent. Code § 23.1-12-23 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-23
23.1-12-23. Recovery of expenses
Status: in_force

23.1-12-23. Recovery of expenses

Any reasonable and necessary expenses incurred by the fund, which exceed the coverage

limits provided by section 23.1-12-18, in taking a corrective action, including costs of

investigating a release, and in taking legal actions, may be recovered in a civil action in district

court brought by the department against an owner or operator. The certification of expenses by

an approved agent of the fund is prima facie evidence that the expenses are reasonable and

necessary. Any expenses that are recovered under this section must be deposited in the fund.
N.D. Cent. Code § 23.1-12-12 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-12
23.1-12-12. Responsibility for cost
Status: in_force

23.1-12-12. Responsibility for cost

The owner or operator is liable for the cost of the corrective action required by the

department, including the cost of investigating the releases. This chapter does not create any

new cause of action for damages on behalf of third parties for release of petroleum products

against the fund or licensed dealers.
N.D. Cent. Code § 23.1-07.1-03 — ND Code / Title 23.1 / Chapter 23.1-07.1 / Section 23.1-07.1-03
23.1-07.1-03. Licensing
Status: in_force

23.1-07.1-03. Licensing

1. An individual may not engage in the business of installing an onsite wastewater

treatment system unless the individual is licensed. To remain licensed in good

standing, a licensee shall comply with this chapter and any rules adopted under this

title.

2. An individual is exempt from the licensing requirements of this chapter if the individual

is installing an onsite wastewater sewage treatment system on the individual's

premises for the individual's use.

3. The department shall establish rules for the issuance, expiration, and renewal of

licenses.

4. The department may revoke or suspend a license issued under this chapter if:

a. The licensee practices fraud or deception in obtaining the license or in the

individual's performance of a licensed activity;

b. Reasonable care, judgment, or the application of the licensee's knowledge or

ability is not used in the performance of the licensee's duties; or

c. The licensee violates a state or federal environmental law, rule, standard, or

permit when performing a licensed activity.

5. A license may not be revoked or suspended except after a hearing before the director

of the department, or the director's designated representative. If a license is

suspended or revoked, a new application for licensure may be considered by the

department only after the conditions causing the suspension or revocation have been

corrected, and evidence of this fact is submitted to the satisfaction of the department.
N.D. Cent. Code § 23.1-08-12 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-12
23.1-08-12. Applications for grants or loans - Loan terms
Status: in_force

23.1-08-12. Applications for grants or loans - Loan terms

Moneys in the solid waste management fund may be used to make grants or low-interest

loans to political subdivisions for waste reduction, planning, resource recovery, and recycling

projects with an emphasis on marketing. An application for a grant or loan out of moneys in the

solid waste management fund must be made to the department. The department shall review an

application to determine if the purpose of the grant or loan is consistent with the purposes of the

fund and the district solid waste management plan. The department shall adopt rules to

implement this section. If the department approves an application, the department shall forward

the application and the results of the department's review of the application to the Bank of North

Dakota. The Bank, in consultation with the department, shall determine the financial criteria that

must be met for an application to be approved. A loan must be repaid within a period not

exceeding twenty years at an interest rate of four percent.
N.D. Cent. Code § 23.1-02-02 — ND Code / Title 23.1 / Chapter 23.1-02 / Section 23.1-02-02
23.1-02-02. Registration agency
Status: in_force

23.1-02-02. Registration agency

The department is designated as the agency to receive registration applications and to

issue certificates of registration.
N.D. Cent. Code § 23.1-07-06 — ND Code / Title 23.1 / Chapter 23.1-07 / Section 23.1-07-06
23.1-07-06. Duties of the department
Status: in_force

23.1-07-06. Duties of the department

The department shall:

1. Hold at least one examination each year, administered by the department or a third-

party examination service, at a designated time and place for the purpose of

examining candidates for certification.

2. Promote the program of certification of water supply and wastewater disposal system

operators.

3. Distribute notices and applications and to receive and evaluate applications.

4. Collect fees for initial certification and annual renewal.

5. Prepare, conduct, and grade examinations. The department may use a third-party

examination service to prepare, conduct, and grade examinations.

6. Maintain records of operator qualifications, certification examination results, and a

register of certified operators.

7. Promote and schedule regular training schools and programs.

8. Adopt rules necessary to carry out this chapter.

9. Administer the wastewater infrastructure grant program.
N.D. Cent. Code § 23.1-16-12 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-12
23.1-16-12. Manufacturer's data report
Status: in_force

23.1-16-12. Manufacturer's data report

The boiler manufacturer shall provide the department with a manufacturer's data report.

When signed by an authorized inspector, this data sheet together with the stamp on the boiler is

the record denoting the boiler has been constructed in accordance with the rules adopted to

implement this chapter.
N.D. Cent. Code § 23.1-01-03 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-03
23.1-01-03. Director - Powers and duties
Status: in_force

23.1-01-03. Director - Powers and duties

The director of the department of environmental quality shall:

1. Enforce all rules adopted by the department;

2. Hire employees as necessary to carry out the duties of the department and director;

3. Organize the department in the most efficient and effective manner;

4. Maintain, in conjunction with the department of health and human services, a

laboratory to carry out the necessary tests and examinations for purposes of this title,

and establish a fee schedule for the tests and examinations;

5. Issue bulletins, news releases, or reports as necessary to inform the public of

environmental hazards;

6. Establish rules necessary for maintaining sanitation, including rules for approving

plans for water works and sewage systems;

7. Maintain a central environmental laboratory and, if necessary, branch laboratories for

the standard function of diagnostic, sanitary, and chemical examinations; and

8. Any other action, including the collection and distribution of environmental quality data,

necessary and appropriate for the administration of this title and chapters 61-28,

61-28.1, and 61-28.2.
N.D. Cent. Code § 23.1-08-15 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-15
23.1-08-15. Municipal waste landfills and incinerators - Certification
Status: in_force

23.1-08-15. Municipal waste landfills and incinerators - Certification

A municipal waste landfill and a municipal waste incinerator must have at least one

individual certified by the department onsite at all times during the operation of the landfill or

incinerator. The department shall adopt training standards and certification requirements.
N.D. Cent. Code § 23.1-01-04 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-04
23.1-01-04. Rulemaking authority - Limitations
Status: in_force

23.1-01-04. Rulemaking authority - Limitations

1. Except as provided in subsection 2, the department of environmental quality may not

adopt any rule for the purpose of the state administering a program under the federal

Clean Air Act [42 U.S.C. 7401 et seq.]; federal Clean Water Act [33 U.S.C. 1251 et

seq.]; federal Safe Drinking Water Act [42 U.S.C. 300 et seq.]; federal Resource

Conservation and Recovery Act [42 U.S.C. 6901 et seq.]; federal Comprehensive

Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601 et seq.];

federal Emergency Planning and Community Right to Know Act of 1986 [42 U.S.C.

11001 et seq.]; federal Toxic Substances Control Act [42 U.S.C. 2601 et seq.]; or

federal Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]; which is more stringent

than corresponding federal regulations that address the same circumstances. In

adopting the rules, the department may incorporate by reference corresponding

federal regulations.

2. The department may adopt rules more stringent than corresponding federal

regulations or adopt rules where there are no corresponding federal regulations, for

the purposes described in subsection 1, only if the department makes a written finding

after public comment and hearing and based upon evidence in the record, that

corresponding federal regulations are not adequate to protect the public health and the

environment of the state. Those findings must be supported by an opinion of the

department referring to and evaluating the public health and environmental information

and studies contained in the record which form the basis for the department's

conclusions.

3. If the department, upon petition by any person affected by a rule of the department,

identifies rules more stringent than federal regulations or rules where there are no

corresponding federal regulations, the department shall review and revise those rules

to comply with this section within nine months of the filing of the petition.

4. Any person issued a notice of violation, or a denial of a permit or other approval,

based upon a rule of the department which is more stringent than a corresponding

federal regulation or where there is no corresponding federal regulation, may assert a

partial defense to that notice, or a partial challenge to that denial, on the basis and to

the extent the department's rule violates this section by imposing requirements more

stringent than corresponding federal regulations, unless the more stringent rule of the

department has been adopted in compliance with this section.
N.D. Cent. Code § 23.1-14-07 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-07
23.1-14-07. Inspection, sampling, and analysis
Status: in_force

23.1-14-07. Inspection, sampling, and analysis

The department may, at reasonable hours, enter, inspect, and examine all places and

property where antifreeze is stored or distributed for the purpose of taking reasonable samples

of antifreeze for analysis together with specimens of labeling. The department shall examine

promptly all samples received in connection with the administration and enforcement of this

chapter and report the results to the owner and the registrant of the antifreeze.
N.D. Cent. Code § 23.1-15-01 — ND Code / Title 23.1 / Chapter 23.1-15 / Section 23.1-15-01
23.1-15-01. Definitions
Status: in_force

23.1-15-01. Definitions

For purposes of this chapter, unless the context otherwise requires:

1. "Abandoned motor vehicle" means a motor vehicle, as defined in section 39-01-01,

that has remained for a period of more than forty-eight hours on public property

illegally or lacking parts that are essential to the mechanical functioning of the vehicle,

including the motor, drive train, or wheels, or is located on private property without

consent of the person in control of the property or in an inoperable condition such that

it has no substantial potential further use consistent with its usual functions, unless it is

kept in an enclosed garage or storage building. It also means a motor vehicle

voluntarily surrendered by its owner to a permitted scrap iron processor. An antique

automobile, as defined in section 39-04-10.4, and other motor vehicles to include parts

car and special interest vehicles, may not be considered an abandoned motor vehicle

within the meaning of this chapter.

2. "Collector" means the owner of one or more special interest vehicles that collects,

purchases, acquires, trades, or disposes of special interest vehicles or parts of special

interest vehicles for the person's own use in order to restore, preserve, and maintain a

special interest vehicle or antique vehicle.

3. "Commercial towing service" means a registered business in North Dakota that tows

motor vehicles.

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

5. "Emergency towing" means the towing of a vehicle due to a motor vehicle accident,

mechanical breakdown on public roadway, or other emergency-related incident

necessitating vehicle removal for public safety with or without the owner's consent.

6. "Parts car" means a motor vehicle generally in nonoperable condition which is owned

by the collector to furnish parts to restore, preserve, and maintain a special interest

vehicle or antique vehicle.

7. "Permitted scrap iron processor" means a scrap iron processor holding a valid permit

issued by the department under chapter 23.1-08.

8. "Scrap tire" means a tire that is no longer suitable for its original intended purpose

because of wear, damage, or defect.

9. "Secured party" means an insurer covering the abandoned motor vehicle under an

insurance policy.

10. "Special interest vehicle" means a motor vehicle that is at least twenty years old and

has not been altered or modified from original manufacturer's specifications and,

because of its historic interest, is being preserved by hobbyists.

11. "Submerged vehicle" means a motor vehicle or a recreational vehicle as defined in

section 39-01-01 or a trailer that is submerged in a body of water.

12. "Unit of government" includes a state department or agency, a county, city, township,

or other political subdivision.
N.D. Cent. Code § 23.1-04.1-06 — ND Code / Title 23.1 / Chapter 23.1-04.1 / Section 23.1-04.1-06
23.1-04.1-06. Imminent hazard
Status: in_force

23.1-04.1-06. Imminent hazard

Upon receipt of information that a release from an aboveground storage tank may present

an imminent and substantial endangerment to health or the environment, the department may

take emergency action as necessary to protect health or the environment.
N.D. Cent. Code § 23.1-06-15 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-15
23.1-06-15. Regulation of odors - Rules
Status: in_force

23.1-06-15. Regulation of odors - Rules

1. In areas located within a city or the area over which a city has exercised extraterritorial

zoning as defined in section 40-47-01.1, a person may not discharge into the ambient

air any objectionable odorous air contaminant that measures seven odor concentration

units or higher outside the property boundary where the discharge is occurring. If an

agricultural operation as defined by section 42-04-01 has been in operation for more

than one year, as provided by section 42-04-02, and the person making the odor

complaint was built or established after the agricultural operation was established, the

measurement for compliance with the seven odor concentration units standard must

be taken within one hundred feet [30.48 meters] of the subsequently established

residence, church, school, business, or public building making the complaint rather

than at the property boundary of the agricultural operation. The measurement may not

be taken within five hundred feet [.15 kilometer] of the property boundary of the

agricultural operation.

2. In areas located outside a city or outside the area over which a city has exercised

extraterritorial zoning as defined in section 40-47-01.1, a person may not discharge

into the ambient air any objectionable odorous air contaminant that causes odors that

measure seven odor concentration units or higher as measured at any of the following

locations:

a. Within one hundred feet [30.48 meters] of any residence, church, school,

business, or public building, or within a campground or public park. An odor

measurement may not be taken at the residence of the owner or operator of the

source of the odor, or at any residence, church, school, business, or public

building, or within a campground or public park, that is built or established within

one-half mile [.80 kilometer] of the source of the odor after the source of the odor

has been built or established;

b. At any point located beyond one-half mile [.80 kilometer] from the source of the

odor, except for property owned by the owner or operator of the source of the

odor, or over which the owner or operator of the source of the odor has

purchased an odor easement; or

c. If a county or township has zoned or established a setback distance for an animal

feeding operation which is greater than one-half mile [.80 kilometer] under either

section 11-33-02.1 or 58-03-11.1, or if the setback distance under subsection 7 is

greater than one-half mile [.80 kilometer], measurements for compliance with the

seven odor concentration units standard must be taken at the setback distance

rather than one-half mile [.80 kilometer] from the facility under subdivision b,

except for any residence, church, school, business, public building, park, or

campground within the setback distance which was built or established before the

animal feeding operation was established, unless the animal feeding operation

has obtained an odor easement from the pre-existing facility.

3. An odor measurement may be taken only with a properly maintained scentometer, by

an odor panel, or by another instrument or method approved by the department of

environmental quality, and only by inspectors certified by the department who have

successfully completed a department-sponsored odor certification course and

demonstrated the ability to distinguish various odor samples and concentrations. If a

certified inspector measures a violation of this section, the department may send a

certified letter of apparent noncompliance to the person causing the apparent violation

and may negotiate with the owner or operator for the establishment of an odor

management plan and best management practices to address the apparent violation.

The department shall give the owner or operator at least fifteen days to implement the

odor management plan. If the odor problem persists, the department may proceed with

an enforcement action provided at least two certified inspectors at the same time each

measure a violation and then confirm the violation by a second odor measurement

taken by each certified inspector, at least fifteen minutes, but no more than two hours,

after the first measurement.

4. A person is exempt from this section while spreading or applying animal manure or

other recycled agricultural material to land in accordance with a nutrient management

plan approved by the department of environmental quality. A person is exempt from

this section while spreading or applying animal manure or other recycled agricultural

material to land owned or leased by that person in accordance with rules adopted by

the department. An owner or operator of a lagoon or waste storage pond permitted by

the department is exempt from this section in the spring from the time when the cover

of the permitted lagoon or pond begins to melt until fourteen days after all the ice cover

on the lagoon or pond has completely melted. Notwithstanding these exemptions, all

persons shall manage their property and systems to minimize the impact of odors on

their neighbors.

5. This section does not apply to chemical compounds that can be individually measured

by instruments, other than a scentometer, that have been designed and proven to

measure the individual chemical or chemical compound, such as hydrogen sulfide, to

a reasonable degree of scientific certainty, and for which the department of

environmental quality has established a specific limitation by rule.

6. For purposes of this section:

a. "Business" means a commercial building used primarily to carry on a for-profit or

nonprofit business which is not residential and not used primarily to manufacture

or produce raw materials, products, or agricultural commodities;

b. "Campground" means a public or private area of land used exclusively for

camping and open to the public for a fee on a regular or seasonal basis;

c. "Church" means a building owned by a religious organization and used primarily

for religious purposes;

d. "Park" means a park established by the federal government, the state, or a

political subdivision of the state in the manner prescribed by law;

e. "Public building" means a building owned by a county, city, township, school

district, park district, or other unit of local government; the state; or an agency,

industry, institution, board, or department of the state; and

f. "School" means a public school or nonprofit, private school approved by the

superintendent of public instruction.

7. a. In a county or township that does not regulate the nature, scope, or location of an

animal feeding operation under section 11-33-02.1 or section 58-03-11.1, the

department shall require that any new animal feeding operation permitted under

chapter 61-28 be set back from any existing residence, church, school, business,

public building, park, or campground.

(1) If there are fewer than three hundred animal units, there is no minimum

setback requirement.

(2) If there are at least three hundred animal units but no more than one

thousand animal units, the setback for any animal operation is one-half mile

[.80 kilometer].

(3) If there are at least one thousand one animal units but no more than two

thousand animal units, the setback for a hog operation is three-fourths mile

[1.20 kilometers], and the setback for any other animal operation is one-half

mile [.80 kilometer].

(4) If there are at least two thousand one animal units but no more than five

thousand animal units, the setback for a hog operation is one mile [1.60

kilometers], and the setback for any other animal operation is three-fourths

mile [1.20 kilometers].

(5) If there are five thousand one or more animal units, the setback for a hog

operation is one and one-half miles [2.40 kilometers], and the setback for

any other animal operation is one mile [1.60 kilometers].

b. The setbacks set forth in subdivision a do not apply if the owner or operator

applying for the permit obtains an odor easement from the pre-existing use that is

closer.

c. For purposes of this section:

(1) One mature dairy cow, whether milking or dry, equals 1.33 animal units;

(2) One dairy cow, heifer or bull, other than an animal described in paragraph 1

equals 1.0 animal unit;

(3) One weaned beef animal, whether a calf, heifer, steer, or bull, equals

0.75 animal unit;

(4) One cow-calf pair equals 1.0 animal unit;

(5) One swine weighing fifty-five pounds [24.948 kilograms] or more equals

0.4 animal unit;

(6) One weaned swine weighing less than fifty-five pounds [24.948 kilograms]

equals 0.1 animal unit;

(7) One horse equals 2.0 animal units;

(8) One sheep or weaned lamb equals 0.1 animal unit;

(9) One turkey equals 0.0182 animal unit;

(10) One chicken equals 0.01 animal unit;

(11) One duck or goose equals 0.2 animal unit; and

(12) Any weaned livestock not listed in paragraphs 1 through 11 equals 1.0

animal unit per each one thousand pounds [453.59 kilograms], whether

single or combined animal weight.

d. In a county or township that regulates the nature, scope, or location of an animal

feeding operation under section 11-33-02.1 or 58-03-11.1, an applicant for an

animal feeding operation permit shall submit to the department with the permit

application the zoning determination made by the county or township under

subsection 9 of section 11-33-02.1 or subsection 9 of section 58-03-11.1, unless

the animal feeding operation is in existence by January 1, 2019, and there is no

change in animals or animal units which would result in an increase in the

setbacks provided for in this section. The department may not impose additional

odor setback requirements.

e. An animal feeding operation is not subject to zoning regulations adopted by a

county or township after the date an application for the animal feeding operation

is submitted to the department, provided construction of the animal feeding

operation commences within three years from the date the application is

submitted. Unless there is a change to the location of the proposed animal

feeding operation, this exemption remains in effect if the department requires the

applicant to submit a revised application.

8. A permitted animal feeding operation may expand its permitted capacity by twenty-five

percent on one occasion without triggering a higher setback distance.

9. A county or township may not regulate or impose restrictions or requirements on

animal feeding operations or other agricultural operations except as permitted under

sections 11-33-02.1 and 58-03-11.1.
N.D. Cent. Code § 23.1-12-20 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-20
23.1-12-20. Department to determine costs
Status: in_force

23.1-12-20. Department to determine costs

A reimbursement for corrective actions taken by an owner, operator, or dealer may not be

made from the fund until the department has determined that the costs for which reimbursement

is requested were actually incurred and were reasonable. All necessary loss adjustment

expenses must be included as a component of the loss and must be paid out of the fund.
N.D. Cent. Code § 23.1-08-20 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-20
23.1-08-20. Injunction proceedings
Status: in_force

23.1-08-20. Injunction proceedings

The violation of any provision of this chapter, or any rule or order issued under the chapter

is declared a nuisance inimical to the public health, welfare, and safety. Whenever in the

judgment of the department a person has engaged in or is about to engage in any acts that

constitute or will constitute a violation of this chapter, or any rule or order issued under the

chapter, the department, in accordance with the laws governing injunctions and other process,

may maintain an action in the name of the state enjoining the action or for an order directing

compliance, and upon a showing by the department that the person has engaged or is about to

engage in the acts or practices, a permanent or temporary injunction, restraining order, or other

order may be granted.
N.D. Cent. Code § 23.1-15-11 — ND Code / Title 23.1 / Chapter 23.1-15 / Section 23.1-15-11
23.1-15-11. Tax on initial motor vehicle certificates of title
Status: in_force

23.1-15-11. Tax on initial motor vehicle certificates of title

A tax of one dollar and fifty cents is imposed on each initial North Dakota certificate of title

issued to a passenger motor vehicle or a truck motor vehicle. The proceeds of the tax must be

paid into the abandoned motor vehicle disposal fund. No registration plates or title certificate

may be issued unless the tax is paid. Expenses of the fund arising under this chapter must be

paid from the fund within the limits of legislative appropriation. If, on the first day of July in any

year, the amount of uncommitted money in the abandoned motor vehicle disposal fund is two

hundred fifty thousand dollars or more, the amount in excess of two hundred fifty thousand

dollars must be transferred to the highway fund.
N.D. Cent. Code § 23.1-15-10 — ND Code / Title 23.1 / Chapter 23.1-15 / Section 23.1-15-10
23.1-15-10. Abandoned motor vehicle disposal fund
Status: in_force

23.1-15-10. Abandoned motor vehicle disposal fund

The abandoned motor vehicle disposal fund is established in the state treasury. All moneys

derived from the investment of the fund are to be credited to the fund.
N.D. Cent. Code § 23.1-06-14 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-14
23.1-06-14. Enforcement - Penalties - Injunctions
Status: in_force

23.1-06-14. Enforcement - Penalties - Injunctions

1. A person that willfully violates this chapter, or any permit condition, rule, order,

limitation, or other applicable requirement implementing this chapter, is subject to a

fine of not more than ten thousand dollars per day per violation, or by imprisonment for

not more than one year, or both. If the conviction is for a violation committed after a

first conviction of the person under this subsection, punishment must be a fine of not

more than twenty thousand dollars per day per violation, or by imprisonment for not

more than two years, or both.

2. A person that violates this chapter, or any permit condition, rule, order, limitation, or

other applicable requirement implementing this chapter, with criminal negligence, is

subject to a fine of not more than ten thousand dollars per day per violation, or by

imprisonment for not more than six months, or both.

3. A person that knowingly makes 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 that falsifies, tampers with, or

knowingly renders 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, upon conviction, is subject to a fine

of not more than ten thousand dollars per day per violation, or by imprisonment for not

more than six months, or both.

4. A person that violates 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 ten thousand dollars per day per violation.

5. Without prior revocation of any pertinent permits, the department, in accordance with

the laws of this state governing injunction or other process, may maintain an action in

the name of the state against any person to enjoin a threatened or continuing violation

of any provision of this chapter or any permit condition, rule, order, limitation, or other

applicable requirement implementing this chapter.
N.D. Cent. Code § 23.1-10-06 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-06
23.1-10-06. Release of regulated substance prohibited - Exception
Status: in_force

23.1-10-06. Release of regulated substance prohibited - Exception

The release of a regulated substance is prohibited. This section does not apply to releases

of regulated substances pursuant to and in compliance with the conditions of a federal or state

environmental permit.
N.D. Cent. Code § 23.1-08-21 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-21
23.1-08-21. Plats
Status: in_force

23.1-08-21. Plats

A person operating a solid waste management facility for disposal under a permit issued

under this chapter shall, upon completion of the operation at each site, file a plat of the area with

the recorder of each county in which the facility is located, together with a description of the

wastes placed therein.
N.D. Cent. Code § 23.1-03-10 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-10
23.1-03-10. Federal-state agreements
Status: in_force

23.1-03-10. Federal-state agreements

1. The governor, on behalf of this state, may enter agreements with the federal

government for discontinuance of certain responsibilities of the federal government

with respect to sources of ionizing radiation and the assumption of the responsibilities

by the state.

2. Any person who, on the effective date of an agreement under subsection 1, possesses

a license issued by the federal government must be deemed to possess the same

license issued under this chapter, and the license must expire either ninety days after

receipt from the department of a notice of expiration of such license or on the date of

expiration specified in the federal license, whichever is earlier.
N.D. Cent. Code § 23.1-10-04 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-04
23.1-10-04. Definitions
Status: in_force

23.1-10-04. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Containment unit" means any one or a combination of containers, vessels, and

enclosures, including structures and appurtenances connected to them, which is or

has been used to contain or dispense a regulated substance and is either stationary or

attached to a motor vehicle. The definition includes pipeline facilities that transport and

store regulated substances.

2. "Corrective action" means an action taken to investigate, minimize, contain, eliminate,

remediate, mitigate, monitor, or clean up a release including any necessary

emergency remedial effort.

3. "Corrective action cost" means any cost incurred by the department in conducting or

overseeing corrective actions performed on a release; or the performance of

reasonable measures undertaken to prevent or mitigate damage to the public health,

public safety, public welfare, or environment of the state.

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

5. "Emergency remedial effort" means an action taken to protect the public health, public

safety, or environment from imminent danger resulting from a release, and an action

taken to contain a release that, if not contained, will pose in time a greater threat to the

public health, public safety, or environment than if the action is not taken immediately.

6. "Environment" means land, including public and private property, surface and

underground waters, fish, wildlife, biota, air, and other similar resources within the

state.

7. "Fund" means the environmental quality restoration fund.

8. "Institutional controls" and "activity and use limitations" are restrictions on the use and

management of real property, including buildings or fixtures, containing or preventing

migration of regulated substances or other pollution or contamination, or protecting

receptors from exposure or the threat of exposure to regulated substances or other

pollution or contamination. Institutional controls may apply:

a. During environmental remediation activities; or

b. To residual regulated substances, pollutants, or other pollution or contamination

or the byproducts of residual regulated substances, pollutants, or other pollution

or contamination which may remain on property after active environmental

remediation activities are concluded or while natural attenuation of regulated

substances or other pollution or contamination is occurring.

9. "Potentially responsible party" means a person identified as a possible cause of, or

contributor to, contamination or pollution on a site or property.

10. "Regulated substance" means a compound designated by the department, including

pesticides and fertilizers regulated by the department of agriculture; the hazardous

substances designated by the Federal Water Pollution Control Act [Pub. L. 80-845;

62 Stat. 1155; 33 U.S.C. 1251 et seq.]; the toxic pollutants designated by the Federal

Water Pollution Control Act and the Toxic Substances Control Act [Pub. L. 94-469;

90 Stat. 2003; 15 U.S.C. 2601 et seq.]; the hazardous substances designated by the

federal Comprehensive Environmental Response, Compensation, and Liability Act

[Pub. L. 96-510; 94 Stat. 2767; 42 U.S.C. 9601 et seq.]; petroleum, petroleum

substances, oil, gasoline, kerosene, fuel oil, oil sludge, oil refuse, production water, oil

mixed with other wastes, crude oils, substances, or additives to be utilized in refining

or blending crude petroleum or petroleum stock; any other oil or petroleum substance;

solid waste regulated under chapter 23.1-08; and technologically enhanced naturally

occurring radioactive material regulated under chapter 23.1-03. Radioactive material

other than technologically enhanced naturally occurring radioactive material is not a

regulated substance under this chapter.

11. "Release" means an intentional or unintentional act or omission that results in the

discharge, spill, leak, emission, escape, or disposal of a regulated substance into the

environment and harms or threatens harm to public health or public safety or the

environment.

12. "Responsible party" means a person that causes or contributes to an onsite or offsite

release or threatened release, or that is responsible for an illegal or unpermitted

storage, of a regulated substance that results in the contamination or pollution of a

property or site.
N.D. Cent. Code § 23.1-13-11 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-11
23.1-13-11. Labeling diesel fuel
Status: in_force

23.1-13-11. Labeling diesel fuel

Every package, barrel, pump, and every tank wagon, truck, or car containing diesel fuel for

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

and distinctly tagged, marked, or labeled with the designation "diesel fuel" together with its

cetane number and the grade established by the department. Every oil station pipeline for diesel

fuel must be painted green.
N.D. Cent. Code § 23.1-08-16 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-16
23.1-08-16. Public educational materials - Municipal waste reduction and recycling
Status: in_force

23.1-08-16. Public educational materials - Municipal waste reduction and recycling

The department, after consulting with the superintendent of public instruction, shall develop

and disseminate educational materials to encourage voluntary municipal waste reduction,

source separation, reuse of materials, recycling efforts, and appropriate management of

municipal waste.
N.D. Cent. Code § 23.1-10-12 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-12
23.1-10-12. Cost recovery
Status: in_force

23.1-10-12. Cost recovery

The department may recover its reasonable and necessary expenses incurred under this

chapter, including all corrective action costs and administrative and legal expenses, in a civil

action brought against a responsible party. The department's certification of expenses is prima

facie evidence the expenses are reasonable and necessary. The department shall provide

written notice to a responsible party before incurring costs, except when prior notice is not

possible because the identity of the responsible party is unknown or situations require

emergency remedial efforts.
N.D. Cent. Code § 23.1-07-09 — ND Code / Title 23.1 / Chapter 23.1-07 / Section 23.1-07-09
23.1-07-09. Wastewater infrastructure grant program
Status: in_force

23.1-07-09. Wastewater infrastructure grant program

1. The department shall award wastewater infrastructure grants to eligible entities

identified in subsection 2 to upgrade, replace, or construct infrastructure for a

wastewater collection system, wastewater disposal system, or wastewater treatment

plant.

2. Cities, counties, townships, water resource districts, recreation service districts, and

water districts operating wastewater systems in the state may receive a grant under

this section for an eligible project, subject to the availability of funds.

3. In awarding wastewater infrastructure grants to eligible entities, the department shall

prioritize eligible entities that:

a. Have experienced a reduction in previously approved federal funds or federal

assistance related to wastewater infrastructure projects; and

b. Are prepared to begin the wastewater infrastructure project upon receipt of the

grants.

4. An eligible wastewater system must be in compliance with current wastewater

regulations unless the project will return the system to compliance. Eligible projects

may not include operations and maintenance costs.

5. The department may not award a grant in excess of sixty percent of the total cost of a

project and shall ensure no community receives a grant for more than one project per

biennium.
N.D. Cent. Code § 23.1-13-01 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-01
23.1-13-01. Definitions
Status: in_force

23.1-13-01. Definitions

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

1. "Adulterated", when used to describe any petroleum or alternative fuel product, means

a petroleum or alternative fuel product that fails to meet the specifications prescribed

by this chapter.

2. "Alternative fuel" means a fuel for an engine or vehicle, or used as heating oil, other

than a petroleum-based fuel. The term includes biodiesel and green diesel as defined

in section 57-43.2-01.

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

4. "Diesel fuel" means any petroleum product intended for use or offered for sale as a

fuel for engines in which the fuel is injected into the combustion chamber and ignited

by pressure without electric spark.

5. "Gasoline" means a refined petroleum naphtha which by its composition is suitable for

use as a carburant in internal combustion engines.

6. "Heating oil" means any product intended for use or offered for sale as a furnace oil,

range oil, or fuel oil for heating and cooking purposes to be used in burners other than

wick burners regardless of whether the product is designated as furnace oil, range oil,

fuel oil, gas oil, or is given any other name or designation.

7. "Kerosene" means a petroleum fraction which is free from water, additives, foreign or

suspended matter, and is suitable for use as an illuminating oil.

8. "Lubricating oil" means any petroleum, or other product, used for the purpose of

reducing friction, heat, or wear in automobiles, tractors, gasoline engines, diesel

engines, and other machines.

9. "Misbranded", when used in connection with any petroleum or alternative fuel product,

means a petroleum or alternative fuel product that is not labeled as required under the

provisions of this chapter.

10. "Sell" and "sale" include the keeping, offering, or exposing for sale, transportation, or

exchange of the restricted or prohibited article.

11. "Tractor fuel" means any product, other than gasoline or kerosene, intended for use or

offered for sale as a fuel for tractors, regardless of whether the product is designated

as distillate, gas oil, fuel oil, or is given any other name or designation.
N.D. Cent. Code § 23.1-15-04 — ND Code / Title 23.1 / Chapter 23.1-15 / Section 23.1-15-04
23.1-15-04. Conditions under which an abandoned motor vehicle is eligible for immediate disposal
Status: in_force

23.1-15-04. Conditions under which an abandoned motor vehicle is eligible for

immediate disposal.

An abandoned motor vehicle for which the value as determined by the party with custody is

no more than one thousand dollars and for which the owner, lienholders, or secured parties

cannot be identified with reasonable certainty after a search of the department of transportation

records is immediately eligible for disposition by a permitted scrap iron processor, and is not

subject to the notification, reclamation, or title provisions of this chapter. Any license plate

displayed on an abandoned motor vehicle must be removed and destroyed prior to the

purchaser taking possession of the vehicle. An abandoned motor vehicle qualifying for

immediate disposal is not eligible for reimbursement of storage costs under section 23.1-15-09.
N.D. Cent. Code § 23.1-12-10 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-10
23.1-12-10. Providing of information
Status: in_force

23.1-12-10. Providing of information

A person the department has reason to believe is an owner or operator, the owner of real

property where corrective action is ordered to be taken, or a person that may have information

concerning a release shall, if requested by the department, or any member, employee, or agent

of the department, furnish to the department any information that person has or may reasonably

obtain which is relevant to the release.
N.D. Cent. Code § 23.1-06-06 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-06
23.1-06-06. Sulfur dioxide ambient air quality standards more strict than federal standards prohibited
Status: in_force

23.1-06-06. Sulfur dioxide ambient air quality standards more strict than federal

standards prohibited.

The department may not adopt ambient air quality rules or standards for sulfur dioxide that

affect coal conversion facilities 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.], nor may the department

adopt ambient air quality rules or standards for sulfur dioxide that affect these facilities and

refineries when there are no corresponding federal rules or standards. Any ambient air quality

standards that have been adopted by the department for sulfur dioxide that are more strict than

federal rules or standards under the federal Clean Air Act, or for which there are no

corresponding federal rules or standards, are void as to coal conversion facilities and petroleum

refineries. However, the department may adopt rules for dealing with exposures of less than one

hour to sulfur dioxide emissions on a source-by-source basis pursuant to any regulatory

program for dealing with short-term exposures to sulfur dioxide that may be established under

the federal Clean Air Act. Any intervention levels or standards set forth in the rules may not be

more strict than federal levels or standards recommended or adopted under the federal

program. In adopting the rules, the department shall follow all other provisions of state law

governing the department's adoption of ambient air quality rules when there are no mandatory

corresponding federal rules or standards.
N.D. Cent. Code § 23.1-16-08 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-08
23.1-16-08. Special inspector
Status: in_force

23.1-16-08. Special inspector

1. Upon written request of an employer, the department may appoint as a special

inspector an inspector in the employ of:

a. An insurance company authorized to insure boilers in this state against loss from

explosion;

b. A company qualified by the national board of boiler and pressure vessel

inspectors as an accredited owner/user inspection organization; or

c. A company qualified by the national board of boiler and pressure vessel

inspectors as an accredited authorized inspection agency.

2. An individual may not be appointed as a special inspector unless that individual has

passed the examination prescribed by the national board of boiler and pressure vessel

inspectors.

3. An inspection performed by a special inspector must be performed in accordance with

this chapter and a complete report of the inspection must be filed with the department

in the time, manner, and form as prescribed by the department.

4. If a complete report is not filed by the special inspector's employer with the department

within ninety days from the certificate due date, the chief boiler inspector may make

the required inspection, unless an extension of time is granted by the chief boiler

inspector. The special inspector's employer must pay the inspection fees as required

by section 23.1-16-09 for a special inspection.

5. The chief boiler inspector may inspect any boiler to which a special inspection applies.

6. The department may, for cause, suspend or revoke the appointment of any special

inspector.
N.D. Cent. Code § 23.1-13-20 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-20
23.1-13-20. Penalties
Status: in_force

23.1-13-20. Penalties

A person violating or failing to comply with any of the provisions of this chapter, or with any

rule issued under this chapter, is, unless another penalty is specifically provided, guilty of a

class B misdemeanor.
N.D. Cent. Code § 23.1-16-06 — ND Code / Title 23.1 / Chapter 23.1-16 / Section 23.1-16-06
23.1-16-06. Exempt boilers - Inspection of exempt boilers
Status: in_force

23.1-16-06. Exempt boilers - Inspection of exempt boilers

This chapter does not apply to:

1. Any boiler subject to federal inspection or under federal control.

2. Any boiler located on a farm and used solely for agricultural purposes.

3. Any heating boiler located in a private residence or in an apartment house of less than

six family units.

4. Any hot water supply boiler not exceeding the following limitations:

a. Input of two hundred thousand British thermal units per hour.

b. Pressure of one hundred sixty pounds per square inch [1103.16 kilopascals]

gauge.

c. Temperature of two hundred fifty degrees Fahrenheit [121.11 degrees Celsius].

5. Any portable steam cleaner commonly used in a garage.

6. Any boiler of a miniature model locomotive, boat, tractor, or stationary engine design

constructed as a hobby, not for commercial use, having an inside diameter not

exceeding ten inches [25.4 centimeters] and a grate area not exceeding one and

one-half square feet [1393.54 square centimeters] and which is properly equipped with

a safety valve, water level indicator, and pressure gauge.

7. Any electric boiler used as an integral part of an espresso coffee machine, provided

that the boiler does not exceed one and one-half cubic feet [.0566 cubic meter] in

water capacity, does not exceed fifty pounds per square inch [344.74 kilopascals]

pressure, and is constructed, approved, or certified to the American society of

mechanical engineers code or to other national or international standards.
N.D. Cent. Code § 23.1-10-02 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-02
23.1-10-02. Environmental quality restoration fund - Continuing appropriation
Status: in_force

23.1-10-02. Environmental quality restoration fund - Continuing appropriation

There is established an environmental quality restoration fund into which the funds

recovered in this chapter may be deposited. The fund is to be administered by the department

of environmental quality and may be used by the department for costs of environmental

assessment, removal, corrective action, or monitoring as determined on a case-by-case basis.

All moneys placed in the fund under this section and section 23.1-10-05 are appropriated to the

department on a continuing basis. If, on the first day of July in any year, the amount of

uncommitted or unrestricted money in the environmental quality restoration fund is more than

five million dollars, the amount in excess of five million dollars must be transferred to the general

fund.
N.D. Cent. Code § 23.1-12-29 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-29
23.1-12-29. Fund appropriations
Status: in_force

23.1-12-29. Fund appropriations

Money in the fund is continuously appropriated to the department for the purpose of making

reimbursements under this chapter.
N.D. Cent. Code § 23.1-06-03 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-03
23.1-06-03. Environmental review advisory council - Public hearing and rule recommendations
Status: repealed

23.1-06-03. Environmental review advisory council - Public hearing and rule

recommendations.

Repealed by S.L. 2019, ch. 216, § 5.
N.D. Cent. Code § 23.1-12-13 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-13
23.1-12-13. Liability avoided
Status: in_force

23.1-12-13. Liability avoided

An owner or operator may not avoid liability by means of a conveyance of any right, title, or

interest in real property or by any indemnification, hold harmless agreement, or similar

agreement. However, this chapter does not:

1. Prohibit a person that may be liable from entering an agreement by which the person

is insured or is a member of a risk retention group, and is thereby indemnified for part

or all of the liability;

2. Prohibit the enforcement of an insurance, hold harmless, or indemnification

agreement; or

3. Bar a claim for relief brought by a person that may be liable or by an insurer or

guarantor, whether by right of subrogation or otherwise.
N.D. Cent. Code § 23.1-13-16 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-16
23.1-13-16. Inspection fees
Status: in_force

23.1-13-16. Inspection fees

Every person licensed by the tax commissioner as a motor vehicle fuel or special fuels

dealer shall pay to the tax commissioner an inspection fee of one-fortieth of one cent per gallon

[3.79 liters] for every gallon [3.79 liters] of gasoline, kerosene, tractor fuel, heating oil, or diesel

fuel sold or used during a calendar month except those gallons sold out of state or those gallons

sold as original package sales as defined in chapters 57-43.1 and 57-43.2. The fee must

accompany the monthly report required in the following section and is due no later than the

twenty-fifth day of each calendar month for the preceding month. The tax commissioner shall

forward all money collected under this section to the state treasurer monthly, and the state

treasurer shall deposit the funds in the department of environmental quality operating fund. The

funds must be used, subject to legislative appropriations, for the state fuel inspection program.

The tax commissioner shall make available annually a report by licensed dealer listing the

number of gallons [liters] of motor vehicle fuel and special fuels upon which the inspection fee

has been paid. The provisions of chapters 57-43.1 and 57-43.2 pertaining to the administration

of motor vehicle fuel and special fuels taxes not in conflict with the provisions of this chapter

govern the administration of the inspection fee levied by this chapter.
N.D. Cent. Code § 23.1-04-10 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-10
23.1-04-10. Commercial facility permits and ordinances
Status: in_force

23.1-04-10. Commercial facility permits and ordinances

1. Counties and cities may issue permits for commercial facilities pursuant to section

23.1-04-08 and may enact and enforce commercial facility ordinances if the

ordinances are equal to or more stringent than this chapter and the rules adopted

under this chapter.

2. In addition to the requirements for obtaining a permit under this chapter, a person may

not construct, substantially alter, or operate any commercial facility nor may any

person dispose of any hazardous waste without first obtaining a permit from the

department and from the county, or a city if the commercial facility is located or

proposed to be located within the territorial zoning authority of the city. The

department, in conjunction with the governing body of the county or city in which the

commercial facility is located or proposed to be located, shall hold a public hearing in

the manner provided in section 23.1-04-08.
N.D. Cent. Code § 23.1-10-09 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-09
23.1-10-09. Duty to provide information - Inspections
Status: in_force

23.1-10-09. Duty to provide information - Inspections

1. When requested by the department, a responsible or potentially responsible party, or

owner of real property where a release or threatened release is located or where

response actions are proposed to be taken, shall furnish to the department any

information the person may have or reasonably may obtain which is relevant to the

release or threatened release.

2. The department, upon presentation of credentials, may:

a. Examine and copy any books, papers, records, memoranda, or data of any

person that has a duty to provide information to the department under

subsection 1; and

b. Enter upon any property, public or private, to take action authorized by this

chapter, including obtaining information from a person that has a duty to provide

the information under subsection 1, conducting surveys or investigations, and

taking removal or remedial action.
N.D. Cent. Code § 23.1-04.1-03 — ND Code / Title 23.1 / Chapter 23.1-04.1 / Section 23.1-04.1-03
23.1-04.1-03. Aboveground storage tank regulations
Status: in_force

23.1-04.1-03. Aboveground storage tank regulations

The department shall adopt rules:

1. For maintaining a leak detection method or combination of methods designed to

identify releases in a manner consistent with the protection of human health and the

environment.

2. For maintaining records of any monitoring of a leak detection system, inventory control

system, or tank testing system.

3. For reporting of any releases and corrective action taken in response to a release from

an aboveground storage tank.

4. For taking corrective action in response to a release from an aboveground storage

tank.

5. For the closure of an aboveground storage tank to prevent a release of regulated

substances into the environment.

6. For designation of an aboveground tank as ineligible for delivery.

7. For maintaining evidence of financial responsibility for taking corrective action and

compensating third parties for bodily injury and property damage caused by sudden

and nonsudden accidental releases arising from operating an aboveground storage

tank.

8. Establishing standards for construction and performance of new aboveground storage

tanks.

9. For notifying the department or designated local agency of the existence of any

operational or nonoperational aboveground storage tank.

10. For a permit fee system to own, install, or operate an aboveground storage tank.
N.D. Cent. Code § 23.1-14-08 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-08
23.1-14-08. Prohibited acts
Status: in_force

23.1-14-08. Prohibited acts

It is unlawful to:

1. Distribute any antifreeze that has not been registered under this chapter or for which

the label is different from that accepted for registration.

2. Distribute any antifreeze that is adulterated or misbranded.

3. Refuse to permit entry or inspection or refuse to permit the acquisition of a sample of

any antifreeze under this chapter.

4. Dispose of any antifreeze under "withdrawal from distribution" order under this chapter,

except as provided in this chapter.

5. Distribute any antifreeze unless it is in the registrant's or manufacturer's package,

except a distributor may obtain written authorization from the department annually to

distribute antifreeze in bulk using a container supplied by the customer, provided the

distributor attaches to the container a label bearing all of the information required by

this chapter.

6. Use the term "ethylene glycol" on the label of a product which contains other glycols

unless it is qualified by the word "base", "type", or wording of similar import and unless

the product contains a minimum ethylene glycol content of seventy-five percent by

regulation weight and a minimum total glycol content of ninety-three percent by weight.

The product also must have a corrected specific gravity to give reliable freezing point

readings on a commercial ethylene glycol type hydrometer and a freezing point, when

mixed with an equal volume of water, of thirty-two degrees Fahrenheit [35.56 degrees

Celsius] below zero or lower.
N.D. Cent. Code § 23.1-11-10 — ND Code / Title 23.1 / Chapter 23.1-11 / Section 23.1-11-10
23.1-11-10. Wellhead protection program
Status: in_force

23.1-11-10. Wellhead protection program

The department, in cooperation with the department of water resources and state geologist,

shall assist in implementing a public water supply wellhead protection program for protection of

ground water resources utilizing existing state and local statutory authority.
N.D. Cent. Code § 23.1-07-08 — ND Code / Title 23.1 / Chapter 23.1-07 / Section 23.1-07-08
23.1-07-08. Violations - Penalty
Status: in_force

23.1-07-08. Violations - Penalty

1. A person that violates this chapter, a rule implementing this chapter, or an order issued

by the department under this chapter is subject to a civil penalty not to exceed five

thousand dollars per day of violation.

2. A person that willfully violates this chapter or the rules adopted under this chapter,

after written notice of the violation by the department, is guilty of a class A

misdemeanor.

3. A person that willfully makes a false statement, representation, or certification in an

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

under this chapter or any rule, order, limitation, or other applicable requirement

implementing this chapter or that falsifies, tampers with, or willfully renders inaccurate

any monitoring device or sample is guilty of a class A misdemeanor, unless the penalty

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

chapter.
N.D. Cent. Code § 23.1-11-06 — ND Code / Title 23.1 / Chapter 23.1-11 / Section 23.1-11-06
23.1-11-06. Ground water quality monitoring
Status: in_force

23.1-11-06. Ground water quality monitoring

The department shall conduct ground water quality monitoring activities in cooperation with

the department of water resources and other state agencies. Based on monitoring results, the

department of environmental quality shall implement or require appropriate mitigation activities

or remedial action to prevent future contamination of ground water. The commissioner may

implement or require appropriate mitigation activities pursuant to chapter 4.1-33 to prevent

future contamination of ground water as it relates to the use of pesticides.
N.D. Cent. Code § 23.1-07-05 — ND Code / Title 23.1 / Chapter 23.1-07 / Section 23.1-07-05
23.1-07-05. Fees
Status: in_force

23.1-07-05. Fees

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

reasonable fees for certificates issued under this chapter. The fees must be based on the

anticipated cost of filing and processing applications for operator certification, preparing and

administering examinations, and the annual renewal of certificates. All receipts from the fees

must be deposited in the state treasury to be credited to a special fund to be known as the

"operators' certification fund" to be used by the department to administer and enforce this

chapter and financially assist the department in conducting operator training programs. Any

surplus at the end of the fiscal year must be retained by the department for future expenditures.
N.D. Cent. Code § 23.1-03-08 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-08
23.1-03-08. Additional authorities
Status: in_force

23.1-03-08. Additional authorities

The department may require persons exempt from licensing to conduct monitoring, perform

remedial work, and to comply with any other measures the department deems necessary or

desirable to protect health or minimize danger to life or property.
N.D. Cent. Code § 23.1-06-04 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-04
23.1-06-04. Power and duties of the department
Status: in_force

23.1-06-04. Power and duties of the department

1. The department shall develop and coordinate a statewide program of air pollution

control. To accomplish this, the department shall:

a. Encourage the voluntary cooperation of persons to achieve the purposes of this

chapter.

b. Determine by scientifically oriented field studies and sampling the degree of air

pollution in the state and the several parts thereof.

c. Encourage and conduct studies, investigations, and research relating to air

pollution and its causes, effects, prevention, abatement, and control.

d. Advise, consult, and cooperate with other public agencies and with affected

groups and industries.

e. Issue orders necessary to effectuate the purposes of this chapter and enforce the

orders by all appropriate administrative and judicial procedures.

f. Provide rules relating to the construction of any new direct or indirect air

contaminant source or modification of any existing direct or indirect air

contaminant source which the department determines will prevent the attainment

or maintenance of any ambient air quality standard, and require that before

commencing construction or modification of any such source, the owner or

operator shall submit the information necessary to permit the department to make

this determination.

g. Establish ambient air quality standards for the state which may vary according to

appropriate areas.

h. Formulate and adopt emission control requirements for the prevention,

abatement, and control of air pollution in this state including achievement of

ambient air quality standards.

i. Hold hearings relating to the administration of this chapter, and compel the

attendance of witnesses and the production of evidence.

j. Require the owner or operator of a regulated air contaminant source to establish

and maintain records; make reports; install, use, and maintain monitoring

equipment or methods; sample emissions in accordance with those methods at

designated locations and intervals, and using designated procedures; and

provide other information as may be required.

k. Provide by rules a procedure for handling applications for a variance for any

person that owns or is in control of any plant, establishment, process, or

equipment. The granting of a variance is not a right of the applicant but must be

in the discretion of the department.

l. Provide by rules any procedures necessary and appropriate to develop,

implement, and enforce any air pollution prevention and control program

established by the federal Clean Air Act [42 U.S.C. 7401 et seq.], as amended,

the authorities and responsibilities of which are delegatable to the state by the

United States environmental protection agency. The rules may include

enforceable ambient standards, emission limitations, and other control measures,

means, techniques, or economic incentives, including fees, marketable permits,

and auctions of emissions rights, as provided by the Act. The department shall

develop and implement the federal programs if the department determines that

doing so benefits the state.

m. Provide by rules a program for implementing lead-based paint remediation

training, certification, and performance requirements in accordance with title 40,

Code of Federal Regulations, part 745, sections 220, 223, 225, 226, 227, and

233.

2. After consultation with the advisory council, the department may adopt, amend, and

repeal rules under this chapter.
N.D. Cent. Code § 23.1-13-09 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-09
23.1-13-09. Labeling tractor fuel
Status: in_force

23.1-13-09. Labeling tractor fuel

Every package, barrel, pump, and every truck, tank wagon, or car containing tractor fuel oil,

other than gasoline or kerosene, for sale or consignment, when held within this state or when

being transported into this state must be clearly and distinctly tagged, marked, and labeled with

the legend "Tractor fuel oil, not for illuminating purposes nor wick burners". Every oil station

pipeline for tractor fuel must be painted yellow and must be entirely separate from lines for

kerosene or other high flash product.
N.D. Cent. Code § 23.1-04-01 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-01
23.1-04-01. Declaration of purpose
Status: in_force

23.1-04-01. Declaration of purpose

The department of environmental quality shall administer this chapter to:

1. Protect human health and the environment from the effects of the improper,

inadequate, or unsafe past or present management of hazardous waste and

underground storage tanks.

2. Establish a program to regulate hazardous waste from the time of generation through

transportation, storage, treatment, and disposal.

3. Promote reduction of hazardous waste generation, reuse, recovery, and treatment as

preferable alternatives to landfill disposal.

4. Assure the safe and adequate management of hazardous waste with a minimum of

hazardous waste disposal sites within the state.

5. Establish a program to regulate underground storage tanks.

6. Promote reduction of surface and ground water contamination resulting from leaking

underground storage tanks.
N.D. Cent. Code § 23.1-06-05 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-05
23.1-06-05. Licensing of asbestos and lead-based paint contractors and certification of asbestos and lead-based paint workers
Status: in_force

23.1-06-05. Licensing of asbestos and lead-based paint contractors and certification

of asbestos and lead-based paint workers.

1. The department shall administer and enforce a licensing program for asbestos

contractors and lead-based paint contractors and a certification program for asbestos

workers and lead-based paint workers. To do so, the department shall:

a. Require training of, and to examine, asbestos workers and lead-based paint

workers.

b. Establish standards and procedures for the licensing of contractors, and the

certification of asbestos workers engaging in the abatement of friable asbestos

materials or nonfriable asbestos materials that become friable during abatement,

and establish performance standards for asbestos abatement. The performance

standards will be as stringent as those standards adopted by the United States

environmental protection agency pursuant to section 112 of the federal Clean Air

Act [42 U.S.C. 7401 et seq.], as amended.

c. Establish standards and procedures for licensing contractors and certifying

lead-based paint workers engaging in the abatement of lead-based paint, and

establish performance standards for lead-based paint abatement in accordance

with title 40, Code of Federal Regulations, part 745, sections 220, 223, 225, 226,

227, and 233.

d. Issue certificates to all applicants who satisfy the requirements for certification

under this section and any rules under this section, renew certificates, and

suspend or revoke certificates for cause after notice and opportunity for hearing.

e. Establish an annual fee and renewal fees for licensing asbestos contractors and

lead-based paint contractors and certifying asbestos and lead-based paint

workers, and establish examination fees for asbestos and lead-based paint

workers under section 23.1-06-10. The annual, renewal, and examination fees for

lead-based contractors and workers may not exceed those charged to asbestos

contractors and workers.

f. Establish indoor environmental nonoccupational air quality standards for

asbestos.

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

2. For nonpublic employees performing asbestos abatement in facilities or on facility

components owned or leased by their employer, only the provisions of rules adopted in

accordance with the federal Asbestos Hazard Emergency Response Act of 1986 [Pub.

L. 99-519; 100 Stat. 2970; 15 U.S.C. 2641 et seq.], as amended, or the federal Clean

Air Act [Pub. L. 95-95; 91 Stat. 685; 42 U.S.C. 7401 et seq.], as amended, apply to this

section. This does not include ownership that was acquired solely to effect a

demolition or renovation.
N.D. Cent. Code § 23.1-08-23 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-23
23.1-08-23. Penalties
Status: in_force

23.1-08-23. Penalties

1. Any person that violates 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 that willfully violates 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 that willfully makes 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 that falsifies, tampers with, or

willfully renders 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.

4. The following citizen participation provisions apply to violations of this chapter relating

to coal combustion residuals or any permit condition, rule, order, limitation, or other

applicable requirement implementing this chapter relating to coal combustion

residuals:

a. A person having an interest that may be affected adversely by a violation of this

chapter may commence a civil action to compel compliance with this chapter, or a

rule, order, or permit issued under this chapter.

b. Notice of the violation must be given to the department and to an alleged violator

sixty days before commencement of a citizen suit brought under this subsection.

c. A person with an interest that may be affected adversely by a violation of this

chapter may intervene as a matter of right in a civil action brought by the

department to require compliance with this chapter.
N.D. Cent. Code § 23.1-07.1-07 — ND Code / Title 23.1 / Chapter 23.1-07.1 / Section 23.1-07.1-07
23.1-07.1-07. Enforcement
Status: in_force

23.1-07.1-07. Enforcement

1. An individual who violates a provision of this chapter or any rule, standard, order, or

permit condition adopted in accordance with this chapter is subject to a civil penalty

not to exceed twelve thousand five hundred dollars per violation.

2. An individual who willfully makes a false statement, false representation, or false

certification in an application, record, report, plan, or other applicable requirement

implementing this chapter or that falsifies, tampers with, or willfully renders inaccurate

any monitoring device or sample, is subject to a civil penalty not to exceed five

thousand dollars per violation.
N.D. Cent. Code § 23.1-01-08 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-08
23.1-01-08. Commercial feed, insecticide, fungicide, rodenticide, fertilizer, and soil conditioner laws - Laboratory function
Status: in_force

23.1-01-08. Commercial feed, insecticide, fungicide, rodenticide, fertilizer, and soil

conditioner laws - Laboratory function.

Notwithstanding any other provision of law, any laboratory test or analysis required under

chapter 4.1-34, 4.1-40, or 4.1-41 must be performed by the department of environmental quality

for the agriculture commissioner at no charge.
N.D. Cent. Code § 23.1-06-13 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-13
23.1-06-13. Administrative procedure and judicial review
Status: in_force

23.1-06-13. Administrative procedure and judicial review

Any proceeding under this chapter for the issuance or modification of rules and regulations,

including emergency orders relating to control of air pollution, or determining compliance with

rules and regulations of the department, must be conducted in accordance with chapter 28-32.

Appeals from the proceeding may be taken under chapter 28-32. When 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 the emergency and requiring action be

taken as necessary to meet the emergency. Notwithstanding any provision of this chapter, the

order must be effective immediately, but on application to the department an interested person

must be afforded a hearing before the environmental review advisory council within ten days.

On the basis of the hearing, the emergency order must be continued, modified, or revoked

within thirty days after the hearing. Except as provided for in this section, notice of any hearing

held under this chapter must be issued at least thirty days before the date specified for the

hearing.
N.D. Cent. Code § 23.1-12-25 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-25
23.1-12-25. Coordination of benefits
Status: in_force

23.1-12-25. Coordination of benefits

If an owner or operator has an insurance policy that provides the same coverage as the

fund, the department shall pay the share of the covered loss or damage for which the fund is

responsible. The share that must be paid from the fund is equal to the proportion that the

applicable limit of coverage under the fund bears to the limits of insurance of all insurance

coverage on the same basis.
N.D. Cent. Code § 23.1-08-02 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-02
23.1-08-02. Definitions
Status: in_force

23.1-08-02. Definitions

1. "Auxiliary container" means a bag, cup, bottle, straw, or other packaging, whether

reusable or single-use, which is:

a. Made of cloth, paper, plastic, corrugated material, aluminum, glass,

postconsumer recycled material, or a similar material or substrate, including a

coated, laminated, or multilayer substrate; and

b. Designated for transporting, consuming, or protecting merchandise, food, or

beverages from or at a food service or retail facility.

2. "Collection" means the aggregation of solid waste from the places at which the waste

was generated.

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

4. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or

placing of any solid waste into or on any land or water including ground water.

5. "Industrial waste" means solid waste, which is not a hazardous waste regulated under

chapter 23.1-04, generated from the combustion or gasification of municipal waste and

from industrial and manufacturing processes. The term does not include municipal

waste or special waste.

6. "Infectious waste" means solid waste that may contain pathogens with sufficient

virulence and in sufficient quantity that exposure of a susceptible human or animal to

the solid waste could cause the human or animal to contract an infectious disease.

7. "Landfill" means a publicly or privately owned area of land where solid wastes are

permanently disposed.

8. "Litter" means discarded and abandoned solid waste materials that are not special

waste or industrial waste.

9. "Major appliance" means an air conditioner, clothes dryer, clothes washer, dishwasher,

freezer, microwave oven, oven, refrigerator, stove, furnace, water heater, humidifier,

dehumidifier, garbage disposal, trash compactor, or similar appliance.

10. "Municipal waste" means solid waste that includes garbage; refuse; and trash

generated by households, motels, hotels, recreation facilities, public and private

facilities; and commercial, wholesale, private, and retail businesses. The term does not

include special waste or industrial waste.

11. "Open burning" means the combustion of solid waste without control of combustion air

to maintain adequate temperature for efficient combustion, containment of the

combustion reaction in an enclosed device to provide sufficient residence time and

mixing for complete combustion, and control of the emission of the combustion

products.

12. "Political subdivision" means a city, county, township, or solid waste management

authority.

13. "Resource recovery" means the use, reuse, or recycling of materials, substances,

energy, or products contained within or derived from solid waste.

14. "Solid waste" means any garbage; refuse; sludge from a waste treatment plant, water

supply treatment plant, or air pollution control facility; and other discarded material,

including solid, liquid, semisolid, or contained gaseous material resulting from

industrial, commercial, mining, and agricultural operations, and from community

activities. The term does not include:

a. Agricultural waste, including manures and crop residues, returned to the soil as

fertilizer or soil conditioners; or

b. Solid or dissolved materials in domestic sewage, or solid or dissolved material in

irrigation return flows or industrial discharges that are point sources subject to

permits under section 402 of the Federal Water Pollution Control Act, as

amended [Pub. L. 92-500; 86 Stat. 816; 33 U.S.C. 1251 et seq.], or source,

special nuclear, or byproduct material as defined by the Atomic Energy Act of

1954, as amended [68 Stat. 919; 42 U.S.C. 2011 et seq.].

15. "Solid waste management" means the purposeful systematic control of the storage,

collection, transport, composting, resource recovery, land treatment, and disposal of

solid waste.

16. "Special waste" means solid waste that is not a hazardous waste regulated under

chapter 23.1-04 and includes waste generated from energy conversion facilities; waste

from crude oil and natural gas exploration and production; waste from mineral and ore

mining, beneficiation, and extraction; and waste generated by surface coal mining

operations. The term does not include municipal waste or industrial waste.

17. "Storage" means the containment and holding of solid waste after generation for a

temporary period, at the end of which the solid waste is processed for resource

recovery, treated, disposed of, or stored elsewhere.

18. "Transport" means the offsite movement of solid waste.
N.D. Cent. Code § 23.1-06-02 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-02
23.1-06-02. Declaration of public policy and legislative intent
Status: in_force

23.1-06-02. Declaration of public policy and legislative intent

It is the public policy of this state and the legislative intent of this chapter to achieve and

maintain the best air quality possible, consistent with the best available control technology, to

protect human health, welfare, and property, to prevent injury to plant and animal life, to

promote the economic and social development of this state, to foster the comfort and

convenience of the people, and to facilitate the enjoyment of the natural attractions of this state.
N.D. Cent. Code § 23.1-01-11 — ND Code / Title 23.1 / Chapter 23.1-01 / Section 23.1-01-11
23.1-01-11. Appeal from permit proceedings
Status: in_force

23.1-01-11. Appeal from permit proceedings

1. An appeal from the issuance, denial, modification, or revocation of a permit issued

under chapter 23.1-03, 23.1-04, 23.1-06, 23.1-08, or 61-28 may be made by the

person who filed the permit application, or by any person who is aggrieved by the

permit application decision, provided that person participated in or provided comments

during the hearing process for the permit application, modification, or revocation. An

appeal must be taken within thirty days after the final permit application determination

is mailed by first-class mail to the permit applicant and to any interested person who

has requested a copy of the final permit determination during the permit hearing

process. Except as provided in this section, an appeal of the final permit determination

is governed by sections 28-32-40, 28-32-42, 28-32-43, 28-32-44, 28-32-46, and
N.D. Cent. Code § 23.1-03-12 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-12
23.1-03-12. Injunction proceedings
Status: in_force

23.1-03-12. Injunction proceedings

Whenever, in the judgment of the department, any person has engaged in or is about to

engage in any acts or practices that constitute or will constitute a violation of this chapter, or any

rule or order issued under this chapter, the department may initiate an action in the name of the

state enjoining the acts or practices, or requesting an order directing compliance. Upon a

showing by the department that the person has engaged or is about to engage in the acts or

practices, a permanent or temporary injunction, restraining order, or other order may be granted.
N.D. Cent. Code § 23.1-07.1-04 — ND Code / Title 23.1 / Chapter 23.1-07.1 / Section 23.1-07.1-04
23.1-07.1-04. Standards for onsite wastewater treatment systems - Installation - Inspection
Status: in_force

23.1-07.1-04. Standards for onsite wastewater treatment systems - Installation -

Inspection.

1. The department shall establish rules relating to permitting onsite wastewater treatment

systems.

2. The department may prescribe by rule a process for obtaining variances for existing

nonconforming or nonfunctional onsite wastewater treatment systems. The process

shall consider the:

a. Environmental impact;

b. Impact to public health;

c. Cost of compliance; and

d. Least restrictive means.

3. Onsite wastewater sewage treatment system installation and inspections must comply

with the rules adopted in accordance with this title.
N.D. Cent. Code § 23.1-10-11 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-11
23.1-10-11. Action to compel performance - Injunctive relief
Status: in_force

23.1-10-11. Action to compel performance - Injunctive relief

1. The department may make a request for corrective action to a responsible party. A

request must be in writing, state the action requested, the reasons for the action, and

reasonable times for the action to begin and be completed taking into account the

urgency of the action for protection of the public health or welfare or the environment.

2. If a person responsible for a release or threatened release of a regulated substance

fails to take corrective actions or make reasonable progress in completing corrective

actions requested under subsection 1, the department may bring an action to compel

performance of the requested corrective actions. If any person having any right, title,

or interest in and to the real property where the containment unit is located or where

corrective actions are proposed to be taken is not a person responsible for the release

or threatened release, the person may be joined as an indispensable party in an action

to compel performance to assure the requested corrective actions can be taken on

that property by the responsible parties.

3. The release or threatened release of a regulated substance may constitute a public

nuisance and may be enjoined in an action brought by the department.
N.D. Cent. Code § 23.1-06-11 — ND Code / Title 23.1 / Chapter 23.1-06 / Section 23.1-06-11
23.1-06-11. Right of onsite inspection
Status: in_force

23.1-06-11. Right of onsite inspection

1. Any duly authorized officer, employee, or agent of the department may enter and

inspect any property, premise, or place on or at which an air contaminant source is

located or is being constructed, installed, or established at any reasonable time for the

purpose of ascertaining the state of compliance with this chapter and related rules. If

requested, the owner or operator of the premises must receive a report setting forth all

facts found which relate to compliance status.

2. The department may conduct tests and take samples of air contaminants, fuel,

process material, and other materials that may affect emission of air contaminants

from any source, and may have access to and copy any records required by

department rules to be maintained, and may inspect monitoring equipment located on

the premises. Upon request of the department, the person responsible for the source

to be tested shall provide necessary holes in stacks or ducts and other safe and

proper sampling, and testing facilities exclusive of instruments and sensing devices

necessary for proper determination of the emission of air contaminants. If an

authorized representative of the department, during the course of an inspection,

obtains a sample of air contaminant, fuel, process material, or other material, the

representative shall issue a receipt for the sample obtained to the owner or operator

of, or person responsible for, the source tested.

3. To ascertain the state of compliance with this chapter and any applicable rules, a duly

authorized officer, employee, or agent of the department may enter and inspect, at any

reasonable time, any property, premises, or place on or at which a lead-based paint

remediation activity is ongoing. If requested, the department shall provide to the owner

or operator of the premises a report that sets forth all facts found which relate to

compliance status.
N.D. Cent. Code § 23.1-15-08 — ND Code / Title 23.1 / Chapter 23.1-15 / Section 23.1-15-08
23.1-15-08. Disposal of abandoned motor vehicles not sold
Status: in_force

23.1-15-08. Disposal of abandoned motor vehicles not sold

When no bid has been received for an abandoned motor vehicle, the unit of government or

a commercial towing service that is a permitted scrap iron processor may dispose of the

abandoned motor vehicle pursuant to section 23.1-15-09.
N.D. Cent. Code § 23.1-04-03 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-03
23.1-04-03. Powers and duties of the department
Status: in_force

23.1-04-03. Powers and duties of the department

The department shall administer and enforce this chapter. The department shall:

1. Administer the state hazardous waste management and underground storage tank

programs under this chapter.

2. Survey hazardous waste generation and management practices in the state.

3. Adopt, modify, repeal, and enforce rules governing the management of hazardous

waste and underground storage tanks.

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

for regulating hazardous wastes and underground storage tanks to promote

consistency in enforcement and avoid duplication in regulation.
N.D. Cent. Code § 23.1-04-07 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-07
23.1-04-07. Municipal underground storage tank ordinances
Status: in_force

23.1-04-07. Municipal underground storage tank ordinances

A county, city, or township may not enact and enforce an underground storage tank

ordinance if the ordinance is more stringent than this chapter and the rules authorized to be

adopted under this chapter.
N.D. Cent. Code § 23.1-15-09 — ND Code / Title 23.1 / Chapter 23.1-15 / Section 23.1-15-09
23.1-15-09. Disposal services - Issuance of permits by department - Reimbursement of units of government and commercial towing services for costs
Status: in_force

23.1-15-09. Disposal services - Issuance of permits by department - Reimbursement

of units of government and commercial towing services for costs.

1. The department may issue a permit to any qualified scrap iron processor desiring to

provide its services under this section if the scrap iron processor meets the

requirements of this chapter and chapter 23.1-08.

2. A unit of government may use the services of any permitted scrap iron processor for

collection, storage, incineration, volume reduction, transportation, or other services

necessary to prepare abandoned motor vehicles, scrap tires, and scrap metal for

recycling or other methods of disposal. A unit of government may authorize a permitted

scrap iron processor to pay to the owner of any abandoned motor vehicle an incentive

payment for the abandoned motor vehicle if it is voluntarily surrendered and delivered

to the permitted scrap iron processor. A unit of government may authorize a permitted

scrap iron processor to provide an incentive payment for scrap tires delivered to the

permitted scrap iron processor. For purposes of this section, an owner of an

abandoned motor vehicle is the person that owned and operated the vehicle for the

person's personal or business use.

3. If a unit of government uses the services of a permitted scrap iron processor, the

department may reimburse the unit of government for the costs incurred, including

incentive payments.

4. The department may reimburse a commercial towing service that is a permitted scrap

iron processor in an amount determined by the department for towing, up to thirty days

of storage charges, and disposal of an abandoned motor vehicle if the owner,

lienholders, or secured parties of the abandoned motor vehicle cannot be identified

with reasonable certainty after a search of the department of transportation records

and publication as provided in subsection 2 of section 23.1-15-05.

5. The department may remove any submerged vehicle:

a. Immediately, if the owner, lienholders, or secured parties cannot be identified. The

department may use a commercial towing service that is a permitted scrap iron

processor to extract, tow, and dispose of a submerged vehicle.

b. Upon the owner's stated refusal to remove the submerged vehicle or after thirty

days from the submerged vehicle entering the water or being discovered in the

water if the owner, lienholders, or secured parties are identified after a search of

the department of transportation records. The department may use a commercial

towing service that is a permitted scrap iron processor for extracting, towing, and

disposal of a submerged vehicle. The department may seek reimbursement from

the owner for any costs related to extracting, towing, and disposal of the

submerged vehicle.

6. The department may demand that a unit of government or a commercial towing

service that is a permitted scrap iron processor dispose of abandoned motor vehicles,

scrap tires, and scrap metal under the department's plan for solid waste disposal. If the

unit of government or the commercial towing service fails to dispose of the abandoned

motor vehicles, scrap tires, or scrap metal within one hundred eighty days of the

demand, the department, on behalf of the unit of government, may use the services of

any permitted scrap iron processor for such disposal.

7. A reimbursement request must be made on a form available from the department and

is subject to the limitations of legislative appropriations and the department's

discretion.
N.D. Cent. Code § 23.1-10-01 — ND Code / Title 23.1 / Chapter 23.1-10 / Section 23.1-10-01
23.1-10-01. Environmental emergency cost recovery
Status: repealed

23.1-10-01. Environmental emergency cost recovery

Repealed by S.L. 2021, ch. 212, § 19.
N.D. Cent. Code § 23.1-13-02 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-02
23.1-13-02. Department to enforce law - Regulation of petroleum products
Status: in_force

23.1-13-02. Department to enforce law - Regulation of petroleum products

This chapter must be enforced by the department. The department may adopt rules under

chapter 28-32 for the interpretation of this chapter.
N.D. Cent. Code § 23.1-07-02 — ND Code / Title 23.1 / Chapter 23.1-07 / Section 23.1-07-02
23.1-07-02. Definitions
Status: in_force

23.1-07-02. Definitions

For the purpose of this chapter, unless the context otherwise requires:

1. "Certificate" means a certificate of competency issued by the department stating that

the operator holding the certificate meets the requirements for the specified operator

grade in the certification program.

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

3. "Ground water under the direct influence of surface water" means water beneath the

surface of the ground with significant occurrence of insects or other macro-organisms,

algae, or large-diameter pathogens such as Giardia lamblia, or significant and

relatively rapid shifts in water characteristics such as turbidity, temperature,

conductivity, or pH which closely correlate to climatological or surface water conditions.

4. "Operator" means the person in direct responsible charge of the operation of a water

treatment plant, a water distribution system, a wastewater treatment plant, or a

wastewater collection system.

5. "Population equivalent" for a wastewater collection system or treatment plant means

the calculated population that would normally contribute the same amount of

biochemical oxygen demand per day computed on the basis of seventeen hundredths

of one pound [77.11 grams] of five-day, sixty-eight-degree Fahrenheit [20-degree

Celsius] biochemical oxygen demand per capita per day.

6. "Wastewater collection system" means that portion of the wastewater disposal system

in which wastewater is conveyed to a wastewater treatment plant from the premises of

a contributor.

7. "Wastewater disposal system" means the system of pipes, structures, and facilities

through which wastewater from a public sewer system or industry is collected and

treated for final disposal. The system must serve a population equivalent of twenty-five

or more persons.

8. "Wastewater treatment plant" means that portion of the wastewater disposal system

used for the treatment and disposal of wastewater and the solids removed from

wastewater.

9. "Water distribution system" means that portion of the water supply system in which

water is conveyed from the water treatment plant or other supply point to the premises

of the consumer.

10. "Water supply system" means the system of pipes, structures, and facilities through

which a public water supply is obtained, treated, and sold or distributed for human

consumption or household use. The system must have at least fifteen service

connections or regularly serve an average of twenty-five or more persons for at least

sixty days a year.

11. "Water treatment plant" means that portion of the water supply system that in some

way alters the physical, chemical, or bacteriological quality of the water.
N.D. Cent. Code § 23.1-11-07 — ND Code / Title 23.1 / Chapter 23.1-11 / Section 23.1-11-07
23.1-11-07. Notification requirement
Status: in_force

23.1-11-07. Notification requirement

A person with verifiable information on the presence of contamination of ground water within

the state shall notify the department regarding the contamination.
N.D. Cent. Code § 23.1-07-01 — ND Code / Title 23.1 / Chapter 23.1-07 / Section 23.1-07-01
23.1-07-01. Statement of policy
Status: in_force

23.1-07-01. Statement of policy

It is the policy of the state of North Dakota to protect the public health and welfare of the

people of the state and the state's water resources by classifying all public water supply and

wastewater disposal systems in the state and by requiring the examination of operators and the

certification of their competency to supervise the operations of such facilities.
N.D. Cent. Code § 23.1-15-02 — ND Code / Title 23.1 / Chapter 23.1-15 / Section 23.1-15-02
23.1-15-02. Penalty for abandoning a motor vehicle
Status: in_force

23.1-15-02. Penalty for abandoning a motor vehicle

Any person that abandons a motor vehicle on any public or private property, without the

consent of the person in control of the property, is guilty of a class A misdemeanor.
N.D. Cent. Code § 23.1-08-01 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-01
23.1-08-01. Finding of necessity
Status: in_force

23.1-08-01. Finding of necessity

The legislative assembly finds that:

1. The people of North Dakota have a right to a clean environment, and the costs of

maintaining a clean environment through the efficient environmentally acceptable

management of solid wastes should be borne by those who use such services.

2. Serious economic, management, and technical problems exist in the management of

solid wastes resulting from residential, commercial, industrial, agricultural, and other

activities carried on in said jurisdictions.

3. Inefficient and improper methods of managing solid wastes create serious hazards to

the public health, result in scenic blights, cause pollution of air and water resources,

cause accident hazards, increase rodent and insect disease vectors, have an adverse

effect on land values, create public nuisances, and otherwise interfere with community

life and development.

4. While the management of solid wastes is the responsibility of each person, problems

of solid waste management have become a matter statewide in scope and concern,

and necessitate state action through technical assistance and leadership in the

application of new improved methods and processes to reduce the amount of solid

wastes and unsalvageable materials and to promote environmentally acceptable and

economical solid waste management.
N.D. Cent. Code § 23.1-13-14 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-14
23.1-13-14. Department may prohibit sale of certain gasolines or motor fuels
Status: in_force

23.1-13-14. Department may prohibit sale of certain gasolines or motor fuels

The department may prohibit the sale of any "gasoline improver" or motor fuel dope, oil

additive, and of any gasoline mixed or compounded with any other chemical, substance, or

solution which may be detrimental to the public health, injurious to internal combustion engines,

or concerning which unsubstantiated claims are made. However, it may not prohibit the sale of

any material, substance, or solution that has been favorably reported on by the United States

bureau of standards or by the surgeon general or bureau of public health of the United States.
N.D. Cent. Code § 23.1-12-07 — ND Code / Title 23.1 / Chapter 23.1-12 / Section 23.1-12-07
23.1-12-07. Owner or operator not identified
Status: in_force

23.1-12-07. Owner or operator not identified

The department may cause legal action to be brought to compel performance of a

corrective action if an identified owner or operator fails or refuses to comply with an order of the

department, or the department may engage the services of qualified contractors for

performance of a corrective action if an owner or operator cannot be identified.
N.D. Cent. Code § 23.1-03-09 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-09
23.1-03-09. Fees deposited in operating fund
Status: in_force

23.1-03-09. Fees deposited in operating fund

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

reasonable fees to issue licenses and registration certificates. The fees must be based on the

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

license or registration certificate, and of conducting an inspection program to determine

compliance or noncompliance with the license or registration certificate.

Any moneys collected for permit or registration fees must be deposited in the department's

operating fund in the state treasury and must be spent subject to appropriation by the legislative

assembly.
N.D. Cent. Code § 23.1-04-15 — ND Code / Title 23.1 / Chapter 23.1-04 / Section 23.1-04-15
23.1-04-15. Enforcement penalties and citizen participation
Status: in_force

23.1-04-15. Enforcement penalties and citizen participation

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 or criminal 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 in the state.

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

twenty-five thousand dollars per day of violation. Each day of noncompliance

constitutes a separate violation for purposes of penalty assessments.

3. A person that knowingly violates a provision of this chapter or a rule, standard, or

permit condition adopted under this chapter, or that knowingly makes a false statement

or representation in documentation required by this chapter, is subject to a fine not to

exceed twenty-five thousand dollars per day of violation, to imprisonment for a period

not to exceed one year, or both.

4. A person that knowingly violates a provision of this chapter in a manner that manifests

extreme indifference to human life and places an individual in imminent danger of

death or serious bodily injury, is subject to a fine not to exceed fifty thousand dollars

per day of violation, to imprisonment for a period not to exceed two years, or both.

5. a. A person having an interest that may be adversely affected by a violation of this

chapter may commence a civil action to compel compliance with this chapter, or a

rule, order, or permit issued under this chapter.

b. Notice of the violation must be given to the department and to an alleged violator

sixty days before commencement of a citizen suit brought under this subsection.

c. A person with an interest that may be adversely affected by a violation of this

chapter may intervene as a matter of right in a civil action brought by the

department to require compliance with this chapter.

6. An administrative action brought under this chapter must be conducted in accordance

with chapter 28-32.
N.D. Cent. Code § 23.1-03-14 — ND Code / Title 23.1 / Chapter 23.1-03 / Section 23.1-03-14
23.1-03-14. Impounding of materials
Status: in_force

23.1-03-14. Impounding of materials

In the event of an emergency, the department may impound or order the impounding of

sources of ionizing radiation in the possession of any person not equipped to observe or which

fails to observe the provisions of this chapter or any rules issued under this chapter.
N.D. Cent. Code § 23.1-11-01 — ND Code / Title 23.1 / Chapter 23.1-11 / Section 23.1-11-01
23.1-11-01. Degradation prevention program - Maintenance of waters
Status: in_force

23.1-11-01. Degradation prevention program - Maintenance of waters

This chapter establishes a degradation prevention program to protect ground water

resources, encourage the wise use of agricultural chemicals, provide for public education

regarding preservation of ground water resources, and provide for safe disposal of wastes in a

manner that will not endanger the state's ground water resource. Waters of the state must be

maintained within standards established under this chapter unless it can be affirmatively

demonstrated that a change in quality is justifiable to provide necessary economic or social

development and will not adversely affect the beneficial uses of water.
N.D. Cent. Code § 23.1-08-10 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-10
23.1-08-10. Fees - Deposit in operating fund
Status: in_force

23.1-08-10. Fees - Deposit in operating fund

The department by rule may prescribe the payment and collection of reasonable fees to

issue permits or registration certificates for registering, licensing, or permitting solid waste

generators, transporters, and treatment, storage, recycling, or disposal facilities. 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 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 expenditures from the fund are subject to

appropriation by the legislative assembly. Applicants for special waste solid waste management

facilities shall submit a minimum fee as follows:

1. Twenty thousand dollars for any facility that receives on average one hundred tons

[90718 kilograms] or more per day.

2. Ten thousand dollars for any facility which receives on average more than ten tons

[9071.80 kilograms] but less than one hundred tons [90718 kilograms] per day.
N.D. Cent. Code § 23.1-08-19 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-19
23.1-08-19. Administrative procedure and judicial review
Status: in_force

23.1-08-19. Administrative procedure and judicial review

A proceeding under this chapter to adopt or modify rules, including emergency orders

relating to solid waste management and land protection, or determine compliance with rules of

the department, must be conducted in accordance with the provisions of chapter 28-32, and

appeals may be taken as provided under that chapter. When 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 the emergency and requiring action be taken as

necessary to meet the emergency. Notwithstanding any provision of this chapter, the order is

effective immediately, but on application to the department must be afforded a hearing before

the environmental review advisory council within ten days. On the basis of the hearing, the

emergency order must be continued, modified, or revoked within thirty days after the hearing.
N.D. Cent. Code § 23.1-14-03 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-03
23.1-14-03. Registration - Penalty
Status: in_force

23.1-14-03. Registration - Penalty

Before antifreeze may be distributed in this state, the manufacturer or person whose name

appears on the label shall apply to the department on forms provided by the department for

registration for each antifreeze the manufacturer or person whose name appears on the label

desires to distribute. All registrations expire on June thirtieth of each year. The application for

registration must be accompanied by an inspection fee of forty dollars for each product, and by

a label or other printed matter describing the product. Upon approval by the department, a copy

of the registration must be furnished to the applicant. The department shall remit inspection fees

received by the department to the state treasurer for deposit in the state general fund. A penalty

of fifty percent of the registration fee must be imposed if the certificate of registration is not

applied for on or before July first of each year or within the same month such antifreeze is first

manufactured or sold within this state.
N.D. Cent. Code § 23.1-08-18 — ND Code / Title 23.1 / Chapter 23.1-08 / Section 23.1-08-18
23.1-08-18. Inspections
Status: in_force

23.1-08-18. Inspections

The department may inspect all solid waste management activities and facilities, at all

reasonable times, to ensure compliance with the laws of this state, the provisions of this

chapter, and the rules authorized under this chapter.
N.D. Cent. Code § 23.1-14-09 — ND Code / Title 23.1 / Chapter 23.1-14 / Section 23.1-14-09
23.1-14-09. Enforcement
Status: in_force

23.1-14-09. Enforcement

When the department finds any antifreeze being distributed in violation of this chapter or

any rules adopted under this chapter, it may issue and enforce a written or printed "withdrawal

from distribution" order, warning the distributor not to dispose of any of the lot of antifreeze in

any manner until written permission is given by the department or a court of competent

jurisdiction. Copies of the order must also be sent by registered or certified mail to the registrant

or to the person whose name and address appear on the label of the antifreeze. The

department shall release for distribution the lot of antifreeze so withdrawn upon compliance with

applicable rules, or for return to the registrant or the person whose name and address appears

on the label for reprocessing or relabeling as may be required. If compliance is not obtained

within thirty days, the department may begin proceedings for condemnation. Any lot of

antifreeze not in compliance with the law is subject to seizure upon complaint of the department

in the district court of the county in which it is located or in the district court of Burleigh County.
N.D. Cent. Code § 23.1-13-04 — ND Code / Title 23.1 / Chapter 23.1-13 / Section 23.1-13-04
23.1-13-04. Retail sale of alcohol-blended gasoline - Label requirements
Status: in_force

23.1-13-04. Retail sale of alcohol-blended gasoline - Label requirements

A dealer may not sell at retail alcohol-blended gasoline unless the dispensing unit and any

price advertising bear the name of the alcohol blended with the gasoline if the alcohol-blended

gasoline consists of one percent or more by volume of any alcohol. The disclosure must be in

letters at least the same size as those used for the label of the basic grade of gasoline and must

be next to the gasoline grade label. A producer of alcohol-blended gasoline may provide a

retailer with a label promoting the benefits of alcohol-blended gasoline, if the label at least

meets the requirements of this section.