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Proposed Penalty Matrix for Risk Management Program 

in North Dakota 

68.25 

68.28 

68.30 

68.33 

68.36 

Failure to properly analyze offsite consequences using the standards given in this chapter. 

Failure to submit or use the worst case scenario that is estimated to create the greatest 

distance in any direction to an end-point provided in appendix A of this chapter for 

;~nhvrlrmJc;. ammonia. 

Failure to identify and properly analyze at least one alternative scenario for each process of 

anhydrous ammonia located at the facility. 

Failure to properly estimate the population within the diameter of the facility's worst-case 

scenario. 

The owner or operator failed to define offsite environmental impacts of the facility within the 

worst-case scenario diameter. 

Failure to have up-to-date and reviewed hazardous assessment every five years, and make 

the appropriate changes to the risk management plan. 

68.39 All required documentation of the hazardous assessment is not properly maintained for 

review. 

68.42 Failure to keep a five year accident history record with all required data associated with the 

accidents in the last five years. 

-Warning 

2"'- $1,000 

3''- $4,000 

Warning 

2"'- $1,000 

3''-

-Warning 

2"'- $250 

3

rd _ 

$1,000 

2"'- $2,500 

3''- $10,000 

1-·-:;,I,UUU 

2"'-$2,500 

3''-$10,000 

1 

2"'-$1,000 

2"'-$500 

3''-1,000 

2"'-$1,000 
68.48 Failure to have all required up-to-date safety information. 1"- Warning 1"-$250 

2"'- $250 2"'-$500 

3''-$1,000 3''-1,000 

68.50 Failure to have a proper hazard review of all associated hazards of working with anhydrous 1"- Warning 1"-$500 

ammonia. 2"'- $1,000 2"'-$1,000 

3''- $4,000 3''-$4,000 

68.52 Failure to have all required elements of the facility's operating procedures included in the 1"- Warning 1"-$500 

risk management plan. 2"'- $1,000 2"'-$1,000 

3''- $4,000 3''-$4,000 . 

68.54 Failure to have all employees adequately trained in all work and safety associated practices 1"- Warning 1"-$500 

with anhydrous ammonia and its hazards. 2"'- $1,000 2"'-$1,000 

3''- $4,000 3''-$4,000 

68.56 Failure to implement an ongoing plan for maintenance on the facility to help prevent 1"- Warning 1"-$500 

accidental releases. 2"'- $1,000 2"'-$1,000 

3''- $4,000 3''-$4,000 

68.58 Failure to complete compliance audits to verify the process or processes are in compliance 1"- Warning 1"-$250 

with this chapter. All changes and alterations must be documented. 2"'- $250 2"'-$500 

3''-$1,000 3''-1,000 

68.60 Failure to adequately investigate an incident that resulted or could have resulted in 1"- $1,000 1"-$1,000 

catastrophic release. 2"'- $2,500 2"'-$2,500 

3''- $10,000 3''-$10,000 

68.95 Failure to have a sufficient emergency response plan in place in the case of an accidental 1"- $1,000 1"-$1,000 

release of anhydrous ammonia. 2"'- $2,500 2"'-$2,500 

3''- $10,000 3"'-$10,000 

68.160 Failure of the owner or operator to complete a single registration form and include it in the 1"- Warning 1"-$250 

RMP, with all the regulated substances covered in a process. 2"'- $250 2"'-$500 

3''- $1,000 3''-1,000 

68.190 Failure of the owner or operator to update the RMP of all covered processes at least every 1"- Warning 1"-$250 

five years. 2"'- $250 2"'-$500 

3''- $1,000 3''-1,000 

68.195 Failure to correct all information within the given time of this chapter for emergency contacts 1"- Warning 1"-$500 

and any information related to accidents within the five years of required history. 2"'- $1,000 2"'-$1,000 

3''- $4,000 3''-$4,000 - ·-
NOTE: Facilities with violations will be given an initial penalty and a timeline to come into compliance. Daily penalties will be levied only 

when firms fail to come into compliance by the established timelines. 

All enforcement actions may be a monetary value along with a cease and desist order until the proper corrections have been made to the RMP 

or process. Any chapter that is violated four or more times within five years will be assessed the maximum penalty of ten thousand dollars per 

day until the violation(s) are corrected. The enforcement value of this penalty matrix is the maximum penalty that may be assessed for each 

violation, allowing the North Dakota Department of Agriculture to adjust the final enforcement action based on the following factors of the 

violation: 

1. The willfulness of the violation; 

2. The gravity of the violation, including the risk of adverse effects to human health or the environment. 

3. The history of past violations; 

4. The number of violations; 

5. The economic benefit gained by the person by allowing or committing the violation; 

6. The person's cooperation and prompt remediation or lack thereof; 

7. The effect the penalty may have on the person's ability to continue in business; and 

8. Other factors as justice may require, if the agriculture commissioner specifically identifies the additional factors in the 

findings of fact, conclusions of law and final order. 

40 CFR Part 68.15 states that the management of a facility shall be designated to a qualified person or position that has overall responsibility for 

the development, implementation, and integration ofthe risk management program elements. 

This penalty matrix reflects the processes that are currently considered Program 2 processes.