reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-120 - Participation in management (lender liability)

Current through Supplement No. 393, July, 2024
The term "participating in the management of an underground
				  storage tank or underground storage tank system" means that, subsequent to
				  December 6, 1995, the holder was engaging in decisionmaking control of, or
				  activities related to, operation of the underground storage tank or underground
				  storage tank system, as defined herein.
1. Actions that are participation in
				management.
a. Participation in the
				management of an underground storage tank or underground storage tank system
				means, for purposes of sections
				33.1-24-08-115 through
				33.1-24-08-130, actual
				participation by the holder in the management or control of decisionmaking
				related to the operation of an underground storage tank or underground storage
				tank system. Participation in management does not include the mere capacity or
				ability to influence or the unexercised right to control underground storage
				tank or underground storage tank system operations. A holder is participating
				in the management of the underground storage tank or underground storage tank
				system only if the holder either:
(1)
				Exercises decisionmaking control over the operational (as opposed to financial
				or administrative) aspects of the underground storage tank or underground
				storage tank system, such that the holder has undertaken responsibility for all
				or substantially all of the management of the underground storage tank or
				underground storage tank system; or
(2) Exercises control at a level comparable
				to that of a manager of the borrower's enterprise, such that the holder has
				assumed or manifested responsibility for the overall management of the
				enterprise encompassing the day-to-day decisionmaking of the enterprise with
				respect to all, or substantially all, of the operational (as opposed to
				financial or administrative) aspects of the enterprise.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-125 - Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located (lender liability)

Current through Supplement No. 393, July, 2024
A holder is not an "owner" of a petroleum underground storage
				  tank or underground storage tank system or facility or property on which a
				  petroleum underground storage tank or underground storage tank system is
				  located for purposes of compliance with the underground storage tank technical
				  standards as defined in subsection 1, the underground storage tank corrective
				  action requirements under sections
				  33.1-24-08-41 through
				  33.1-24-08-57, and the
				  underground storage tank financial responsibility requirements under sections
				  33.1-24-08-80 through
				  33.1-24-08-101, provided the
				  person:
1. Does not participate in the
				management of the underground storage tank or underground storage tank system
				as defined in section
				33.1-24-08-120; and
2. Does not engage in petroleum production,
				refining, and marketing as defined in subsection 2 of section
				33.1-24-08-115.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Appendix I

Current through Supplement No. 393, July, 2024
NOTE: The Notification for Underground Storage Tanks
				  SFN-10980 form can be found at
https://deq.nd.gov/Forms/WM/NotificationForUndergroundStorageTanks.pdf
or can be requested by contacting the Department of Environmental Quality,
				  Division of Waste Management - UST Program at 918 East Divide Avenue, Bismarck
				  ND 58501-1947, calling 701-328-5166, or by electronic mail at
				  ndust@nd.gov.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Appendix II - Statement for Shipping Tickets and Invoices

Current through Supplement No. 393, July, 2024
NOTE: A federal law (the Resource Conservation and Recovery
				  Act (RCRA), as amended ( Pub. L. 98-616 )) requires owners of certain
				  underground storage tanks to notify designated state or local agencies by May
				  8, 1986, of the existence of their tanks. Notifications for tanks brought into
				  use after May 8, 1986, must be made within thirty days. Consult the
				  environmental protection agency's regulations, issued on November 8, 1985, (40
				  CFR part 280) to determine if you are affected by this law.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-02 - Classification of injection wells

Current through Supplement No. 393, July, 2024
Injection wells are classified as follows:
1.
Class I.
Wells used to inject
				hazardous waste, radioactive waste, and other industrial and municipal disposal
				wells which inject fluids beneath the lowermost formation containing, within
				one quarter mile [402.34 meters] of the well bore, an underground source of
				drinking water.
2.
Class II.
Wells which inject fluids:
a. Which
				are brought to the surface in connection with natural gas storage operations,
				or conventional oil or natural gas production and may be commingled with
				wastewaters from gas plants which are an integral part of production
				operations, unless those waters are classified as a hazardous waste at the time
				of injection;
b. For enhanced
				recovery of oil or natural gas; and
c. For storage of hydrocarbons which are
				liquid at standard temperature and pressure.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-03 - Prohibition of unauthorized injection

Current through Supplement No. 393, July, 2024
Any underground injection (except class II, class Ill, and
				  class VI) is prohibited except as authorized by permit or rule issued under
				  this section. Also the construction of any well required to have a permit under
				  this section is prohibited until the permit has been issued. These include the
				  well types specifically identified in title 40 CFR part 144, section 144.1(g)
				  and title 40 CFR part 144, section 144.81.
The following well types are not covered by these
				  rules:
1. Individual or single-family
				residential waste disposal systems such as domestic cesspools or septic
				systems.
2. Nonresidential
				cesspools, septic systems, or similar waste disposal systems if such systems
				are used solely for the disposal of sanitary waste and have the capacity to
				serve fewer than twenty persons a day.
3. Injection wells used for injection of
				hydrocarbons which are of pipeline quality and are gases at standard
				temperature and pressure for the purpose of storage.
4. Any dug hole, drilled hole, bored shaft,
				improved sinkhole, or subsurface fluid distribution system which is not used
				for emplacement of fluids underground.
General Authority:
NDCC 61-28-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28-04,
					 61-28-06
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-04 - Prohibition of movement of fluid into underground sources of drinking water

Current through Supplement No. 393, July, 2024
1. No owner or
				operator shall construct, operate, maintain, convert, plug, abandon, or conduct
				any underground injection activity in a manner which causes, or allows,
				movement of fluid containing any contaminant into an underground source of
				drinking water if the presence of that contaminant may cause a violation of any
				maximum contaminant level under chapter 33.1-17-01 or which may adversely
				affect the health of persons. The applicant for a permit shall have the burden
				of showing that the requirements of this section are met.
2. The director shall prescribe additional
				requirements in accordance with title 40 CFR part 144, section 144.12(b)
				through (e) for all injection wells which may cause a violation of a maximum
				contaminant level under 33.1-17-01 or which may adversely affect the health of
				persons.
General Authority:
NDCC 61-28-04, 61-28.1-03;
					 S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 61-28-04, 61-28.1-03;
					 S.L. 2017, ch. 199, § 69
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-05 - Identification of underground sources of drinking water and exempted aquifers

Current through Supplement No. 393, July, 2024
1. The director may
				identify and shall protect as an underground source of drinking water all
				aquifers or parts of aquifers which:
a.
				Supply any public water system; or
b. Contain a sufficient quantity of ground
				water to supply a public water system and:
(1) Currently supply drinking water for human
				consumption; or
(2) Contain fewer
				than ten thousand milligrams per liter total dissolved solids; and
(3) Are not exempted aquifers.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-06 - Permitting

Current through Supplement No. 393, July, 2024
1.
Application for a permit.
a. Any
				person who is required to have a permit shall complete, sign, and submit an
				application to the director.
b.
				When the owner and operator are different, it is the operator's duty to obtain
				a permit.
c. The application must
				be complete before the permit is issued.
d. All applicants of class I wells shall
				provide information specified under title 40 CFR parts 144 and 146, sections
				144.31(e) and 146.14(a) and (c) (for class I nonhazardous waste injection
				wells) or title 40 CFR part 146, sections 146.70(a), 146.71(a), and 146.72(a)
				(for class I hazardous waste injection wells).
e. Applicants shall keep records of all data
				used to complete permit applications and supplemental information for at least
				three years from the date the application is signed.
f. Operators of new injection wells, unless
				covered by an existing area permit, shall submit an application within a
				reasonable time before construction is expected to begin.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-07 - Area permits

Current through Supplement No. 393, July, 2024
1. The director may
				issue a permit on an area basis, rather than for each well individually;
				provided, that the permit is for injection wells:
a. Described and identified by location in
				permit applications, if they are existing wells;
b. Within the same well field, facility site,
				reservoir, project, or similar unit in the same state;
c. Of similar construction;
d. Of the same class;
e. Operated by a single owner or operator;
				and
f. Used to inject other than
				hazardous waste.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-08 - Draft permits and fact sheets

Current through Supplement No. 393, July, 2024
1.
Draft
				permits.
a. When the application is
				complete, the director shall tentatively decide to either prepare a draft
				permit or deny the application.
b.
				If the director decides to prepare the draft permit, it shall contain the
				following information:
(1) All required
				permit conditions;
(2) All
				compliance schedule requirements;
(3) All monitoring requirements;
				and
(4) All specific requirements
				for construction, corrective action, operation, hazardous waste management,
				reporting, plugging and abandonment, financial responsibility, mechanical
				integrity, and any other conditions the director may impose.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-09 - Public notice and comment - Requests for hearings -Public hearings - Response to comments

Current through Supplement No. 393, July, 2024
1.
Public
				notice.
a. The director shall give
				public notice that the following actions have occurred:
(1) A draft permit has been
				prepared.
(2) A hearing has been
				scheduled.
(3) Intent to deny a
				permit application.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-10 - Conditions applicable to all permits

Current through Supplement No. 393, July, 2024
1. 1. The general
				conditions contained under title 40 CFR part 144, section 144.51 apply to class
				I and class V underground injection control permits. All conditions shall be
				incorporated into the permits, either expressly or by reference.
2. A permittee may not commence injection
				into a new injection well until:
a.
				Construction is complete;
b. The
				permittee has submitted notice to the director that construction is complete;
				and
c. The director has inspected
				or reviewed the new injection well and finds it in compliance with the permit,
				or the permittee has not received notice from the director of intent to inspect
				within thirteen days of the permittee's completion notice.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-11 - Technical requirements

Current through Supplement No. 393, July, 2024
1. Construction
				requirements.
a.
(1) Existing wells shall achieve compliance
				with construction requirements prior to permitting or according to a compliance
				schedule established as a permit condition.
(2) New injection wells shall submit plans
				for testing, drilling, and construction as part of the permit
				application.
(3) New injection
				wells shall be in compliance with construction requirements prior to commencing
				injection operations.
(4) Changes
				in construction plans require approval of the director.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-12 - Plugging and abandonment

Current through Supplement No. 393, July, 2024
1. Any class I
				permit shall include, and any class V permit may include, a plan for plugging
				and abandonment which shall be incorporated into the permit as a condition to
				ensure that movement of fluids either into an underground source of drinking
				water or between underground sources of drinking water is not
				allowed.
2. After a cessation of
				operations of two years the owner or operator shall plug and abandon the well
				in accordance with the plan unless the owner or operator:
a. Provides notice to the director;
				and
b. Describes actions or
				procedures, satisfactory to the director, that the owner or operator will take
				to ensure that the well will not endanger underground sources of drinking water
				during the period of temporary abandonment. These actions and procedures shall
				include compliance with the technical requirements applicable to active
				injection wells unless waived by the director.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-13 - Mechanical integrity

Current through Supplement No. 393, July, 2024
1. A permit for any
				class I well shall include, and for any class V well may include, a condition
				prohibiting injection operations until the permittee shows to the satisfaction
				of the director that the well has mechanical integrity.
2. An injection well has mechanical integrity
				if:
a. There is no significant leak in the
				casing, tubing, or packer; and
b.
				There is no significant fluid movement into an underground source of drinking
				water through vertical channels adjacent to the injection well bore.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-14 - Area of review

Current through Supplement No. 393, July, 2024
The area of review for each injection well or each field,
				  project, or area of the state shall be determined according to title 40 CFR
				  part 146, section 146.6 (for nonhazardous waste injection wells) or title 40
				  CFR part 146, section 146.63 (for hazardous waste injection
				  wells).
General Authority:
NDCC 23.1-04, 61-28-04;
					 S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04, 61-28-04; S.L.
					 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-15 - Schedules of compliance

Current through Supplement No. 393, July, 2024
1. The compliance
				schedule of a class I nonhazardous waste injection well or a class V injection
				well must require compliance as soon as possible, and not later than three
				years after the effective date of the permit.
2. If the schedule of compliance is for more
				than one year, then interim requirements and completion dates (not to exceed
				one year) must be incorporated into the compliance schedule and
				permit.
3. No later than thirty
				days following each interim and final date, the permittee shall submit progress
				reports to the director.
4. No
				owner or operator of a class I hazardous waste injection well may begin
				injection until all corrective action as required under title 40 CFR part 146,
				section 146.64 has been taken.
General Authority:
NDCC 23.1-04, 61-28-04,
					 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04, 61-28-04,
					 61-28.1-03; S.L. 2017, ch. 199, §§ 19,
					 69
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-16 - Authorization of class V underground injection wells

Current through Supplement No. 393, July, 2024
1. Authorization of
				injection into a class V well is authorized indefinitely, subject to the
				requirements of subsections 4, 5, and 6 of section
				33.1-25-01-10 and subsection 3
				of section
				33.1-25-01-12, and title 40 CFR
				part 144, sections 144.84(b)(1) through (4).
2. The owner or operator of any existing
				class V well shall, within one year of the effective date of an underground
				injection control program, notify the director of the existence of any well
				meeting the definitions of class V under the owner's or operator's control, and
				submit the following inventory information:
a. Name of facility and location;
b. Name and address of legal
				contact;
c. Name and address of
				well owner or operator;
d. Number
				of wells and location by township, range, and section;
e. Nature and volume of injected
				fluids;
f. Construction features of
				the well, including well depth, screened interval, and casing size and
				type;
g. Operating status of the
				injection well; and
h. Any other
				information which the director requests.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-17 - Requirements for hazardous waste injection wells

Current through Supplement No. 393, July, 2024
The owner or operator of all wells injecting hazardous waste
				  shall comply with the requirements for hazardous waste management facilities as
				  specified under title 40 CFR parts 144, 146, including subpart G, part 148 and
				  including specifically section 144.14.
General Authority:
NDCC 23.1-04-05,
					 23.1-04-08, 61-28-04, 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-05, 23.1-04-08,
					 61-28-04; S.L. 2017, ch. 199, §
					 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-25 - Underground Injection Control › Chapter 33.1-25-01 - Underground Injection Control Program › Section 33.1-25-01-18 - Class IV wells

Current through Supplement No. 393, July, 2024
All class IV wells are prohibited except wells used to inject
				  contaminated ground water that has been treated and is being injected into the
				  same formation from which it was drawn if such injection is approved by the
				  director in accordance with title 40 CFR part 144, section
				  144.23(c).
General Authority:
NDCC 61-28-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28-04,
					 61-28-06
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-34 - Petroleum and Fuel Products › Chapter 33.1-34-01 - Specifications and Standards for Petroleum Products › Section 33.1-34-01-01 - Analytical Specifications

Current through Supplement No. 393, July, 2024
1.
Petroleum
				and fuel product specifications.
Petroleum and fuel products, including
				gasoline, alcohol-blended gasoline, diesel, tractor fuel, fuel oil (heating
				oil), kerosene, biodiesel, biodiesel blends, and all other alternative fuels
				shall comply with the most current applicable specifications of American
				society for testing and materials (ASTM), which are found in section 5 -
				petroleum products, lubricants, and fossil fuels of that organization's
				publication "Annual Book of ASTM Standards" and supplements thereto or
				revisions thereof as may be designated by ASTM, except as modified or rejected
				by this chapter or any rule promulgated pursuant to chapter 19-10 of the North
				Dakota Century Code. If gasoline is blended with ethanol, it shall be blended
				under any of the following three options:
a.
				The base gasoline used in such blends shall meet the requirements of ASTM
				D4814;
b. The blend shall meet the
				requirements of ASTM D4814; or
c.
				The base gasoline used in such blends shall meet all the requirements of ASTM
				D4814 except distillation, and the blend shall meet the distillations
				requirements of the ASTM specification.
The volatility standards for blends of gasoline and ethanol
				  shall be the same as those adopted under the rules, regulations, and Clean Air
				  Act waivers of the environmental protection agency of the United States
				  department of the interior. Fuel products shall not be blended at a retail
				  location with products commonly and commercially known as casing head gasoline,
				  absorption gasoline, condensation gasoline, drip gasoline, or natural
				  gasoline.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-34 - Petroleum and Fuel Products › Chapter 33.1-34-01 - Specifications and Standards for Petroleum Products › Section 33.1-34-01-02 - Labeling specifications

Current through Supplement No. 393, July, 2024
1.
Posted
				octane rating.
The posted octane rating of a gasoline or alcohol-blended
				gasoline is the mathematical average of the octane as determined by the ASTM
				D2699 Research Method engine test and the octane as determined by the ASTM
				D2700 Motor Method engine test.
a. The
				posted octane rating must be conspicuously placed on the dispenser's front
				panel in a type not less than one inch [2.54 centimeters] high.
b. Only gasoline or alcohol-blended gasoline
				with a posted octane rating greater than or equal to ninety-one may be labeled
				"premium", "supreme", or "high test".
c. Only gasoline or alcohol-blended gasoline with a posted octane
				rating greater than or equal to eighty-nine may be labeled "super", "plus", or
				"midgrade".
d. Octane of unleaded
				and leaded gasoline or alcohol-blended gasoline must be at least eighty-seven.
				Unleaded gasoline or alcohol-blended gasoline means that gasoline or
				alcohol-blended gasoline produced without the intentional use of any lead
				additive and which contains not more than five one-hundredths grams of lead per
				gallon and not more than five one-thousandths grams of phosphorus per gallon.
				Leaded gasoline or alcohol-blended gasoline means gasoline or alcohol-blended
				gasoline which contains more than five one-thousandths grams of phosphorus per
				gallon, or any fuel to which lead or phosphorus is intentionally
				added.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-02 - Eligibility

Current through Supplement No. 393, July, 2024
1. A political
				subdivision is eligible for financial assistance under the state revolving fund
				if its project is included in the current intended use plan.
2. Loans may be made only to political
				subdivisions that:
a. Demonstrate tangible
				financial capability to assure sufficient revenues to operate and maintain the
				facility for its useful life and to repay the loan.
b. Establish an acceptable method of
				repayment of the loan.
c. Agree to
				maintain financial records in accordance with governmental accounting standards
				and to conduct an annual audit of the facility's financial records.
d. Provide such assurances as are required by
				the Act and as reasonably requested by the department.
e. Provide a department-approved facility
				plan.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-03 - Refinancing

Current through Supplement No. 393, July, 2024
Loans may be made to political subdivisions to refinance
				  existing debt obligations if they were incurred and building was initiated
				  after March 7, 1985, and if the debts were used to finance projects identified
				  in the intended use plan. In addition, the projects must satisfy the statutory
				  requirements contained in section 602(b)(6) of the Act.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-04 - Intended use plan

Current through Supplement No. 393, July, 2024
The department will annually prepare a wastewater treatment
				  works construction priority list according to the department's review and point
				  award. All proposed wastewater treatment works must be on the priority list in
				  order to be funded under the state revolving fund program. It is not necessary
				  for section 319 projects to be on the priority list, but they must appear in
				  the intended use plan. The priority list also must be incorporated into the
				  annual intended use plan.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-05 - Annual public hearing on proposed intended use plan

Current through Supplement No. 393, July, 2024
Upon tentative completion of the annual revision of the
				  intended use plan, the department shall conduct a hearing to receive oral and
				  written comments from the public on the proposed intended use plan. At least
				  thirty calendar days' notice must be given of the public hearing in at least
				  two newspapers of general circulation in different parts of the state. Written
				  comments must be accepted during this period. After all comments are received,
				  the department shall compile and adopt the final list at the
				  hearing.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-06 - Emergency amendment of intended use plan

Current through Supplement No. 393, July, 2024
The department may add a project to the intended use plan, by
				  emergency amendment, if the proposed project will alleviate or mitigate a dire
				  physical threat to the health and safety of persons or if the proposed project
				  is necessary to take advantage of an unexpected economic development
				  opportunity which will be lost unless action is taken. Economic opportunity
				  considerations will not be the primary focus of any state revolving fund
				  project. The primary considerations in every project will be public health,
				  water quality, and public safety issues.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-07 - Project priority list removal procedure

Current through Supplement No. 393, July, 2024
The department may remove a project from the intended use
				  plan if the project has been fully funded or the project is no longer eligible
				  under the priority system or the political subdivision responsible for the
				  project has expressed in writing no interest in the program.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-08 - Project bypass procedure

Current through Supplement No. 393, July, 2024
The department may bypass the priority established for
				  funding as follows:
1. The political
				subdivision being bypassed provides to the state a written statement endorsing
				the bypass; or
2. The political
				subdivision being bypassed fails to submit information within the timeframe
				required by written notice from the department.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-09 - Deadline for application

Current through Supplement No. 393, July, 2024
Project assistance applications may be submitted at any time
				  by eligible political subdivisions.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-10 - Reserve for section 319 nonpoint source management projects

Current through Supplement No. 393, July, 2024
The department may set aside a portion of the available funds
				  for section 319 nonpoint source projects for the first six months of each
				  fiscal year. The amount of the set-aside must be determined by the
				  department.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-11 - Application procedure

Current through Supplement No. 393, July, 2024
The application procedure will be designed by the department
				  and approved by the environmental protection agency to include all necessary
				  requirements as contained in the Act and applicable federal regulations, state
				  laws, and rules. The application procedure will be contained in the state
				  revolving fund procedures handbook.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-12 - Loan agreement

Current through Supplement No. 393, July, 2024
1. The loan
				agreement will be a legally binding contract between the financial agent and
				the political subdivision. The agreement will contain general conditions and
				may, if necessary, contain special conditions.
2. The general conditions of a loan agreement
				will include the requirements of laws, rules, and policies of the state of
				North Dakota.
3. The special
				conditions of the loan agreement will relate to specific provisions unique for
				an individual project including time schedules and performance requirements and
				such other requirements as are reasonably requested by the financial
				agent.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-13 - Release

Current through Supplement No. 393, July, 2024
By its acceptance of the loan agreement, the political
				  subdivision releases and discharges the department, its officers, agents
				  (including its financial agent), and employees from all liabilities,
				  obligations, and claims arising out of the project work under the loan
				  agreement.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-14 - Loan amendments

Current through Supplement No. 393, July, 2024
The loan agreement may be amended in writing according to the
				  terms of the respective loan agreement including an amendment when the amount
				  of loan funds necessary to pay project costs are greater than the original
				  amount in the loan agreement.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-15 - Inspections

Current through Supplement No. 393, July, 2024
During the building of the project, the political subdivision
				  shall provide inspection services sufficient to ensure that the project is
				  constructed in accordance with approved plans and specifications. The
				  department will conduct interim project inspections to determine compliance
				  with approved plans and specifications and loan agreement, as
				  appropriate.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-16 - Loan default

Current through Supplement No. 393, July, 2024
The political subdivision must agree that upon default in the
				  payments of principal and accrued interest on the loan or in the performance of
				  any covenant or condition of the loan agreement, the department, through its
				  financial agent, may at its option, do one or more of the following:
1. Declare immediately due and payable the
				entire principal amount then outstanding and the accrued interest;
2. Incur and pay reasonable expenses, through
				the account of the political subdivision, for repair, maintenance, and
				operation of the facility, and other expenses necessary to cure the cause of
				default; or
3. Proceed to enforce
				payment of such interest or principle or other amount then due and payable
				pursuant to applicable provisions of law or loan agreement.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-17 - Financing method

Current through Supplement No. 393, July, 2024
1. A loan shall be
				made for a period of time not to exceed thirty years or the design life of the
				wastewater treatment works facility, whichever is shorter.
2. Interest on the loan accrues and must be
				paid as provided in the loan agreement.
3. All repayment schedules must be
				established by the terms and conditions of the loan agreement. The repayment by
				the political subdivision of the loan will begin within one year after the
				project is capable of operation or:
a. For
				special assessment warrants, upon a date which is sufficient to allow time for
				special assessments to be spread in the tax levy year for the political
				subdivision; and
b. For revenue
				bonds, at the time specified in the respective loan agreement which shall
				reasonably attempt to begin after the project is in full operation.
In all cases, repayments must begin within one year after the
				  project is capable of operation.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-18 - Interest rate determination

Current through Supplement No. 393, July, 2024
The interest rate on a loan will be determined by the
				  department with consultation from the financial agent and must be based on the
				  combined costs related to the total financial state revolving fund loan
				  package. The interest rates on individual loans may vary; however, the rate
				  will not exceed the interest rate generally available for a comparable
				  financing at the time the rate is established.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-19 - Amount of financial assistance

Current through Supplement No. 393, July, 2024
A political subdivision may apply for any amount of financial
				  assistance. The department may award less than the amount requested in the
				  application. In determining the financial assistance for each political
				  subdivision, the department may consider the proposed construction and the
				  proposed project costs of such activities, the resources available to the
				  department within the state revolving fund, and the ability to carry out the
				  proposed project, including the ability to repay the financial
				  assistance.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-20 - Files and records

Current through Supplement No. 393, July, 2024
All files and records pertaining to the project must be
				  maintained by the political subdivision throughout the project and made
				  accessible to the department and the environmental protection agency and their
				  agents according to state and federal law. These files and records must be
				  retained by the political subdivision for at least three years beyond the term
				  of the loan.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-21 - Reservation of rights

Current through Supplement No. 393, July, 2024
1. Nothing in this
				chapter prohibits a political subdivision from requiring more assurances,
				guarantees, indemnity, or other contractual requirements from any party
				performing project work.
2. Nothing
				in this chapter affects the department's right to take remedial action,
				including administrative enforcement action and actions for breach of contract
				against a political subdivision that fails to carry out its obligations under
				this chapter. Any remedial action contemplated by the department or its
				financial agent will be coordinated with the best interests of the state
				revolving fund.
3. Review or
				approval of facility plans, design drawings and specifications, or other
				documents by or for the department, does not relieve the political subdivision
				of its responsibility to properly plan, design, build, and effectively operate
				and maintain the treatment works as required by state or federal law, permits,
				the loan agreement, and good management practices. The department is not
				responsible for increased costs resulting from defects in the plans, design
				drawings and specifications, or other subagreement documents.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-02 - Abortion › Section 33-03-02-01 - Full disclosure and informed consent form

Current through Supplement No. 393, July, 2024
In accordance with requirements under North Dakota Century
				  Code section 14-02.1-02, the state department of health and consolidated
				  laboratories has developed an Induced Abortion Disclosure and Consent Form
				  (Appendix A) to be executed in duplicate. The form shall be used by the
				  physician, patient, parent or parents, or legal guardian as prescribed in North
				  Dakota Century Code chapter 14-02.1.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
				  14-02.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-02 - Abortion › Section 33-03-02-02 - Life-supporting equipment

Current through Supplement No. 393, July, 2024
Life-supporting equipment for the preservation of a viable
				  fetus shall, as a minimum, include all of the following:
1. Oxygen source.
2. Heat source (overhead warmer, incubator,
				warmed blankets).
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
				  14-02.1-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-02 - Abortion › Section 33-03-02-03 - Reporting of practice of abortion

Current through Supplement No. 393, July, 2024
In accordance with requirements of North Dakota Century Code
				  section 14-02.1-07, the state department of health and consolidated
				  laboratories has a Report of Induced Abortion Form (Appendix B) to be executed
				  in duplicate. The form shall be used by the hospital or facility in which an
				  induced abortion is performed.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
				  14-02.1-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-02 - Abortion › Section 33-03-02-05 - Humane disposal of nonviable fetus

Current through Supplement No. 393, July, 2024
Disposal of a nonviable fetus in a humane fashion shall
				  consist of incineration, burial, or cremation. The licensed physician
				  performing the abortion or the licensed hospital in which an abortion is
				  performed may contract for out-of-state incineration, burial, or cremation of
				  nonviable fetuses. Incinerators within the state of North Dakota used for the
				  disposal of nonviable fetuses must meet the requirement of chapter 33-15-14.
APPENDIX
				  A
General Authority: NDCC 14-02.1-09, 23-01-03
Law Implemented: NDCC 14-02.1-09 APPENDIX A INDUCED
					 ABORTION DISCLOSURE AND CONSENT
					 FORM
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-08 - Approval of Plans and Specifications Prior to Construction of Water Works and Sewerage Systems › Section 33-03-08-01 - Plans and specifications required

Current through Supplement No. 393, July, 2024
It is required that plans and specifications be prepared for
				  all water works and sewerage systems contemplated for use by the general
				  public. It is further required that such plans and specifications, together
				  with other pertinent information, be submitted to the state health officer for
				  review prior to construction of the facility or facilities.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-01-03