reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 32 - Cosmetology, Board of › Article 32-04 - Schools › Chapter 32-04-01 - Cosmetology Schools › Section 32-04-01-27 - Esthetician course curriculum

Current through Supplement No. 393, July, 2024
The curriculum for students enrolled in an esthetician course
				  must be six hundred hours of training. No school or licensed instructor may
				  permit a student to render clinical services until a student has completed
				  twenty percent of the total hours of instruction required. The curriculum must
				  include the following:
Cleaning, disinfecting, and safety
75 hours
Body treatment, facials, hair removal, and
								makeup
340 hours
Study of theory, law, and cleaning and
								disinfecting
75 hours
Related subjects
60 hours
Unassigned
50 hours
Total minimum hours
600 hours
General Authority:
NDCC 43-11-05
Law Implemented:
NDCC
					 43-11-16
North Dakota Administrative Code › Title 32 - Cosmetology, Board of › Article 32-04 - Schools › Chapter 32-04-01 - Cosmetology Schools › Section 32-04-01-28 - Manicurist course curriculum

Current through Supplement No. 393, July, 2024
The curriculum for students enrolled in a manicurist course
				  must be three hundred fifty hours. No school or licensed instructor may permit
				  a student to render clinical services until a student has completed twenty
				  percent of the total hours of instruction required. The curriculum must include
				  the following:
Cleaning, disinfecting, and safety
45 hours
Manicuring, pedicuring, and application of
								artificial nails
200 hours
Study of theory, law, and cleaning and
								disinfecting
45 hours
Related subjects
35 hours
Unassigned
25 hours
Total minimum hours
350 hours
General Authority:
NDCC 43-11-05
Law Implemented:
NDCC
					 43-11-16
North Dakota Administrative Code › Title 32 - Cosmetology, Board of › Article 32-05 - Individuals › Chapter 32-05-01 - Cosmetologists, Master Cosmetologist, Instructors, Student Instructors, Demonstrators, Estheticians, and Manicurists › Section 32-05-01-01 - Cosmetologists

Current through Supplement No. 393, July, 2024
Every individual desiring to be licensed by the board as a
				  cosmetologist shall have the qualifications required by North Dakota Century
				  Code chapter 43-11 applicable to cosmetologists and the educational
				  qualifications set forth in section 32-04-01-26.1 and shall make application to
				  the board for a certificate prior to commencing any activity as a
				  cosmetologist.
1.
Fee and
				proof.
The application shall be accompanied by the required proof of
				qualification applicable to the applicant, the original license fee of fifteen
				dollars, and the practical examination fee of twenty-five dollars.
2.
Renewal.
Every cosmetologist
				shall renew the cosmetologist's license by annually making written application
				to the board before December thirty-first each year, and such renewal
				application shall be accompanied by the fifteen dollar fee.
3.
Penalty fee.
If the licensee
				fails to renew the cosmetologist's license by the expiration date, a penalty
				fee of fifty dollars is required.
4.
Late renewal fee.
If the
				licensee fails to renew up to five years, a penalty fee of one hundred fifty
				dollars is required.
5.
Change of name or address.
Every cosmetologist shall notify the
				board in writing of any change of name or change of residence
				address.
6.
License
				displayed.
Every cosmetologist shall display their current
				cosmetologist's license in clear view to the public in the immediate work area
				of the salon where services are being provided.
General Authority:
NDCC 43-11-05
Law Implemented:
NDCC 43-11-13, 43-11-14,
					 43-11-21, 43-11-22, 43-11-23, 43-11-24,
					 43-11-25,43-11-28
North Dakota Administrative Code › Title 32 - Cosmetology, Board of › Article 32-05 - Individuals › Chapter 32-05-01 - Cosmetologists, Master Cosmetologist, Instructors, Student Instructors, Demonstrators, Estheticians, and Manicurists › Section 32-05-01-01.1 - License without examination

Current through Supplement No. 393, July, 2024
Every person desiring to be licensed as a cosmetologist,
				  instructor, manicurist, or esthetician without taking the examination shall
				  make an application on the form provided by the board and:
1. Pay the application fee.
2. Provide proof that the applicant is
				licensed as a cosmetologist, instructor, manicurist, or esthetician in another
				jurisdiction and that the applicant's license is in good standing.
3. Demonstrate that either:
a. The applicant provides satisfactory proof
				of completing the course curriculum hours required by the board and provide
				proof of successfully passing the theoretical and practical examinations
				substantially similar to those required in this state; or
b. The other jurisdiction's licensure
				requirements at the time the applicant was licensed by the other jurisdiction
				were substantially equal to those in North Dakota at the time the North Dakota
				application was filed. Under this specific subsection, three thousand hours or
				more of work experience as a licensed cosmetologist will be considered
				substantially equal to three hundred hours of cosmetology education.
North Dakota Administrative Code › Title 32 - Cosmetology, Board of › Article 32-05 - Individuals › Chapter 32-05-01 - Cosmetologists, Master Cosmetologist, Instructors, Student Instructors, Demonstrators, Estheticians, and Manicurists › Section 32-05-01-02 - Master cosmetologists

Current through Supplement No. 393, July, 2024
Every individual desiring to be licensed by the board as a
				  master cosmetologist shall have the qualifications required by North Dakota
				  Century Code chapter 43-11 applicable to master cosmetologists and shall make
				  written application to the board.
1.
Fee and proof.
The application shall be accompanied by the fee of
				twenty-five dollars and the required proof of qualification.
2.
Renewal.
Every master
				cosmetologist shall renew the master cosmetologist's license by annually making
				an application to the board before December thirty-first each year, and the
				renewal application shall be accompanied by the twenty dollar fee.
3.
Penalty fee.
If the licensee
				fails to renew the master cosmetologist's license by the expiration date, a
				penalty fee of fifty dollars is required.
4.
Late renewal fee.
If the
				licensee fails to renew up to five years, a penalty fee of one hundred fifty
				dollars is required.
5.
Change of name or address.
Every master cosmetologist shall notify
				the board in writing of any change of name or change of residence
				address.
6.
License
				displayed.
Every master cosmetologist shall display their current master
				cosmetologist's license in clear view to the public in the immediate work area
				of the salon where services are being provided.
General Authority:
NDCC 43-11-05
Law Implemented:
NDCC 43-11-13, 43-11-14,
					 43-11-22, 43-11-23, 43-11-26,
					 43-11-28
North Dakota Administrative Code › Title 32 - Cosmetology, Board of › Article 32-05 - Individuals › Chapter 32-05-01 - Cosmetologists, Master Cosmetologist, Instructors, Student Instructors, Demonstrators, Estheticians, and Manicurists › Section 32-05-01-03 - Instructors

Current through Supplement No. 393, July, 2024
Every individual desiring to be an instructor shall have the
				  qualifications and have passed the examination required under North Dakota
				  Century Code chapter 43-11 tudent instructors and instructors shall make
				  application in writing to the board as defined under North Dakota Century Code
				  chapter 43-11 and this section.
1.
Renewal.
Every instructor shall renew the instructor's license by
				annually making written application to the board before December thirty-first
				each year, and the renewal application shall be accompanied by the twenty
				dollar fee and evidence of attendance at a board-approved seminar during the
				previous year.
2.
Penalty
				fee.
If the licensee fails to renew the instructor's license by the
				expiration date, a penalty fee of fifty dollars is required.
3.
Late renewal fee.
If the
				licensee fails to renew up to five years, a penalty fee of one hundred fifty
				dollars is required.
4.
Seminars.
Every instructor shall attend eight hours of
				board-approved continuing education annually. Before attending any seminar,
				every instructor shall apply in writing to the board for approval of the
				seminar.
5.
Change of name or
				address.
Every instructor shall notify the board in writing of any
				change of name or change of residence address.
6.
License displayed.
Every
				instructor shall display their current instructor's license in clear view to
				the public in the immediate work area of the salon where services are being
				provided.
General Authority:
NDCC 43-11-05
Law Implemented:
NDCC 43-11-13, 43-11-14,
					 43-11-22, 43-11-23, 43-11-27,
					 43-11-28
North Dakota Administrative Code › Title 32 - Cosmetology, Board of › Article 32-05 - Individuals › Chapter 32-05-01 - Cosmetologists, Master Cosmetologist, Instructors, Student Instructors, Demonstrators, Estheticians, and Manicurists › Section 32-05-01-04 - Student instructors

Current through Supplement No. 393, July, 2024
Every individual desiring to be a student instructor shall
				  have the qualifications required by North Dakota Century Code chapter 43-11
				  applicable to student instructors and shall make application in writing to the
				  board before enrollment in a registered cosmetology school. Upon board approval
				  of the application, the individual may enroll in a licensed cosmetology
				  school.
1.
Fee.
There
				shall be a fifteen dollar fee for application and registration of student
				instructors with the board.
2.
Contents and certification.
The cosmetology school of the approved
				student shall certify in writing to the board the name, age, and qualifications
				of the student instructor, and the board shall record the information in a
				student instructor register.
3.
Application.
Upon completion of the required course prescribed for
				student instructors, the student instructor shall make written application to
				the board on a form provided by the board, and the written application shall be
				accompanied by a fee of thirty-five dollars.
4.
Examination.
The time, place,
				and date of the examinations for instructor's licenses shall be set by the
				board. The examination fee is fifty-five dollars.
General Authority:
NDCC 43-11-05
Law Implemented:
NDCC 43-11-13, 43-11-14,
					 43-11-22, 43-11-23, 43-11-27,
					 43-11-28
North Dakota Administrative Code › Title 32 - Cosmetology, Board of › Article 32-05 - Individuals › Chapter 32-05-01 - Cosmetologists, Master Cosmetologist, Instructors, Student Instructors, Demonstrators, Estheticians, and Manicurists › Section 32-05-01-05 - Demonstrators [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 32 - Cosmetology, Board of › Article 32-05 - Individuals › Chapter 32-05-01 - Cosmetologists, Master Cosmetologist, Instructors, Student Instructors, Demonstrators, Estheticians, and Manicurists › Section 32-05-01-06 - Esthetician

Current through Supplement No. 393, July, 2024
Every individual desiring to be licensed by the board as an
				  esthetician shall have the qualifications required by North Dakota Century Code
				  chapter 43-11 applicable to estheticians and the educational qualifications set
				  forth in section 32-04-01-27 and shall make written application to the board to
				  register for the esthetician's examination:
1.
Fee and proof.
The
				application must be accompanied by the required proof of qualification
				applicable to the applicant, the original license fee of twenty-five dollars,
				and the practical examination fee of twenty-five dollars.
2.
Renewal.
Every esthetician
				shall renew the esthetician's license by annually making written application to
				the board office before December thirty-first each year, and such renewal
				application must be accompanied by the twenty dollar fee.
3.
Penalty fee.
If the licensee
				fails to renew the esthetician's license by the expiration date, a penalty fee
				of fifty dollars is required.
4.
Late renewal fee.
If the licensee fails to renew up to five years,
				a penalty fee of one hundred fifty dollars is required.
5.
Change of name or address.
Every esthetician shall notify the board in writing of any change of name or
				residence.
6.
License
				displayed.
Every esthetician shall display their current esthetician's
				license in clear view to the public in the immediate work area of the salon
				where services are being provided.
General Authority:
NDCC 43-11-05
Law Implemented:
NDCC 43-11-13, 43-11-14,
					 43-11-21, 43-11-22, 43-11-23, 43-11-24, 43-11-25,43-11-27.1,
					 43-11-28
North Dakota Administrative Code › Title 32 - Cosmetology, Board of › Article 32-05 - Individuals › Chapter 32-05-01 - Cosmetologists, Master Cosmetologist, Instructors, Student Instructors, Demonstrators, Estheticians, and Manicurists › Section 32-05-01-06.1 - Master esthetician

Current through Supplement No. 393, July, 2024
Every individual desiring to be licensed by the board as a
				  master esthetician shall furnish to the board evidence of having practiced as a
				  licensed esthetician for one thousand hours.
A master esthetician may operate and supervise a salon that
				  is operated and engaged exclusively in the practice of skin care.
1.
Fee and proof.
The
				application must be accompanied by the required proof of qualification
				applicable to the applicant and the original license fee of twenty-five
				dollars.
2.
Renewal.
Every master esthetician shall renew the master esthetician's license by
				annually making written application to the board's office before December
				thirty-first each year, and such renewal application must be accompanied by the
				twenty dollar fee.
3.
Penalty
				fee.
If the licensee fails to renew the master esthetician's license by
				the expiration date, a penalty fee of fifty dollars is required.
4.
Late renewal fee.
If the
				licensee fails to renew up to five years, a penalty fee of one hundred fifty
				dollars is required.
5.
Change of name or address.
Every master esthetician shall notify
				the board in writing of any change of name or residence.
6.
License displayed.
Every
				master esthetician shall display their current master esthetician's license in
				clear view to the public in the immediate work area of the salon where services
				are being provided.
General Authority:
NDCC 43-11-05
Law Implemented:
NDCC 43-11-13.1, 43-11-14,
					 43-11-21, 43-11-22, 43-11-23, 43-11-24, 43-11-25,43-11-27.1,
					 43-11-28
North Dakota Administrative Code › Title 32 - Cosmetology, Board of › Article 32-05 - Individuals › Chapter 32-05-01 - Cosmetologists, Master Cosmetologist, Instructors, Student Instructors, Demonstrators, Estheticians, and Manicurists › Section 32-05-01-07 - Manicurist

Current through Supplement No. 393, July, 2024
Every individual desiring to be licensed by the board as a
				  manicurist shall have the qualifications required by North Dakota Century Code
				  chapter 43-11 applicable to manicurists and the educational qualifications set
				  forth in section 32-04-01-28 and shall make written application to the board to
				  register for the manicurist's examination.
1.
Fee and proof.
The
				application must be accompanied by the required proof of qualification
				applicable to the applicant, the original license fee of twenty-five dollars,
				and the practical examination fee of twenty-five dollars.
2.
Renewal.
Every manicurist
				shall renew the manicurist's license by annually making written application to
				the board before December thirty-first each year, and such renewal application
				must be accompanied by the twenty dollar fee.
3.
Penalty fee.
If the licensee
				fails to renew the manicurist's license by the expiration date, a penalty of
				fifty dollars is required.
4.
Late renewal fee.
If the licensee fails to renew up to five years,
				a penalty fee of one hundred fifty dollars is required.
5.
Change of name or address.
Every manicurist shall notify the board in writing of any change of name or any
				change of residence.
5.
License displayed.
Every manicurist shall display their current
				manicurist's license in clear view to the public in the immediate work area of
				the salon where services are being provided.
General Authority:
NDCC 43-11-05
Law Implemented:
NDCC 43-11-13, 43-11-27,
					 43-11-27.1, 43-11-28
North Dakota Administrative Code › Title 32 - Cosmetology, Board of › Article 32-05 - Individuals › Chapter 32-05-01 - Cosmetologists, Master Cosmetologist, Instructors, Student Instructors, Demonstrators, Estheticians, and Manicurists › Section 32-05-01-07.1 - Master manicurist

Current through Supplement No. 393, July, 2024
Every individual desiring to be licensed by the board as a
				  master manicurist shall furnish to the board evidence of having practiced as a
				  licensed manicurist for one thousand hours.
A master manicurist may operate and supervise a salon that is
				  operated and engaged exclusively in the practice of manicuring.
1.
Fee and proof.
The required
				proof of qualification applicable to the applicant and the original license fee
				of twenty-five dollars must accompany the application.
2.
Renewal.
Every master
				manicurist shall renew the master manicurist's license by annually making
				written application to the board office before December thirty-first each year,
				and such renewal application must be accompanied by the twenty dollar
				fee.
3.
Penalty fee.
If the licensee fails to renew the master manicurist's license by the
				expiration date, a penalty fee of fifty dollars is required.
4.
Late renewal fee.
If the
				licensee fails to renew up to five years, a penalty fee of one hundred fifty
				dollars is required.
5.
Change of name or address.
Every master manicurist shall notify
				the board in writing of any change of name or residence.
6.
License displayed.
Every
				master manicurist shall display their current master manicurist's license in
				clear view to the public in the immediate work area of the salon where services
				are being provided.
General Authority:
NDCC 43-11-05
Law Implemented:
NDCC 43-11-13.1, 43-11-14,
					 43-11-21, 43-11-22, 43-11-23, 43-11-24, 43-11-25, 43-11-27.1,
					 43-11-28
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-03 - Water Works and Sewerage Systems › Chapter 33.1-03-08 - Approval of Plans and Specifications Prior to Construction of Water Works and Sewerage Systems › Section 33.1-03-08-01 - 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 department of
				  environmental quality for review prior to construction of the facility or
				  facilities.
General Authority:
NDCC 23.1-01-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-01-03; S.L. 2017,
					 ch. 199, § 16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-03 - Water Works and Sewerage Systems › Chapter 33.1-03-08 - Approval of Plans and Specifications Prior to Construction of Water Works and Sewerage Systems › Section 33.1-03-08-02 - Submission of Plans and Specifications for Review

Current through Supplement No. 393, July, 2024
Plans and specifications shall be submitted to the department
				  of environmental quality in accordance with such directions as the department
				  may promulgate.
General Authority:
NDCC 23.1-01-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-01-03; S.L. 2017,
					 ch. 199, § 16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-03 - Water Works and Sewerage Systems › Chapter 33.1-03-08 - Approval of Plans and Specifications Prior to Construction of Water Works and Sewerage Systems › Section 33.1-03-08-03 - Approval of Plans and Specifications

Current through Supplement No. 393, July, 2024
Plans and specifications reviewed by the department of
				  environmental quality will be approved only when such plans and specifications
				  fully meet and comply with existing statutes and sanitary standards established
				  by the department of environmental quality. Plans and specifications upon which
				  approval is being withheld will be returned with the reasons for withholding
				  approval.
General Authority:
NDCC 23.1-01-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-01-03; S.L. 2017,
					 ch. 199, § 16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-03 - Water Works and Sewerage Systems › Chapter 33.1-03-08 - Approval of Plans and Specifications Prior to Construction of Water Works and Sewerage Systems › Section 33.1-03-08-04 - Approved Plans and Specifications Required

Current through Supplement No. 393, July, 2024
Water works and sewerage systems constructed for use by the
				  general public must be constructed in accordance with plans and specifications
				  approved by the department of environmental quality.
General Authority:
NDCC 23.1-01-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-01-03; S.L. 2017,
					 ch. 199, § 16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-01 - General Provisions › Section 33.1-04-01-01 - Scope

Current through Supplement No. 393, July, 2024
Nothing in this article is intended to limit the department
				  from using the fund for any purpose consistent with North Dakota Century Code
				  chapter 23.1-10, even if such purpose is not addressed in these rules.
General Authority:
NDCC 23.1-10-03
Law Implemented:
NDCC 23.1-10-02,
					 23.1-10-03
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-01 - General Provisions › Section 33.1-04-01-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this article have the same meaning
				  as in North Dakota Century Code chapter 23.1-10, except:
1. "Applicant" means any person seeking, by
				site, the use of environmental quality restoration fund moneys or seeking
				department approval of a voluntary response action plan under North Dakota
				Century Code section 23.1-10-15.
2.
				"Approvable action" means any action for which the director may approve the use
				of environmental quality restoration fund moneys.
3. "Contaminant of concern" refers to the
				regulated substance leading to a site's contamination.
4. "Contaminant source" means a containment
				unit, process, or any activity which contributed to, solely or in part, a
				release of a regulated substance to the environment.
5. "Delisted site" means any site removed
				from the North Dakota environmental priorities list.
6. "Director" means the North Dakota
				department of environmental quality director, or their designated
				representative.
7. "Environmental
				hazard" means any condition existing at a site that may represent a hazard to
				human or environmental health.
8.
				"Listed site" means any property included in the North Dakota environmental
				priorities list.
9. "North Dakota
				environmental priorities list" means a list of contaminated sites that the
				department has determined may be subject to department response using the
				environmental quality restoration fund.
10. "Priority" means a qualitative ranking of
				a listed site.
11. "Recognized
				environmental condition" means the presence, or likely presence, of any
				regulated substances in, on, or at a property due to a release to the
				environment; conditions indicative of a release to the environment; or under
				conditions that pose a threat of a future release to the environment.
12. "Subject property" means any property
				that is the subject of any remedial action, restoration, assessment, corrective
				action, mitigation, or monitoring, being conducted with environmental quality
				restoration fund moneys or under voluntary response action
				conditions.
13. "Unlisted site"
				means any site that has not been added to the North Dakota environmental
				priorities list.
General Authority:
NDCC 23.1-10-03
Law Implemented:
NDCC 23.1-10-02,
					 23.1-10-03
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-01 - General Provisions › Section 33.1-04-01-03 - Actions approvable for funding

Current through Supplement No. 393, July, 2024
The director shall approve any use of moneys from the
				  environmental quality restoration fund. Approvable actions include:
1.
Assessment.
Assessment
				activities gather information about current conditions at a site.
2.
Abatement.
Abatement
				activities are conducted to reduce or remove environmental hazards at a subject
				site. Abatement activities may or may not remove all environmental hazards or
				contaminant sources. Disposal of waste materials is included in this
				action.
3.
Contaminant source
				removal.
Contaminant source removal involves the removal and disposal of
				a contaminant source. This may or may not remove all environmental hazards.
				Contaminant source removal is not likely to address existing
				contamination.
4.
Emergency
				remedial efforts.
Emergency remedial efforts are activities taken to
				address imminent danger or the threat of imminent danger.
5.
Institutional controls.
Institutional controls may be engineered systems, such as vapor
				mitigation systems, land use requirements through zoning or environmental
				covenants, or binding legal agreements that reduce the risk of human or
				environmental health being negatively impacted by contamination at a subject
				property.
6.
Mitigation.
Mitigation involves activities to avoid, reduce, or
				minimize environmental damage resulting from a release. These activities may be
				taken at the subject property or another property.
7.
Monitoring.
Monitoring
				involves collecting environmental data at a site over a period of time.
				Monitoring may be conducted to determine the effectiveness of remedial efforts,
				the effectiveness of institutional controls, and other activities. Monitoring
				activities may be conducted jointly, or in addition to, remediation or
				monitoring activities of responsible parties.
8.
Remediation.
Remediation
				involves all activities conducted to reduce, remove, or repair environmental
				contamination at a subject property. Disposal of contaminated media is included
				in this action.
General Authority:
NDCC 23.1-10-03
Law Implemented:
NDCC 23.1-10-02,
					 23.1-10-03
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-01 - General Provisions › Section 33.1-04-01-04 - Use of fund for actions at contaminated sites

Current through Supplement No. 393, July, 2024
Chapter
				  33.1-04-02 contains
				  the procedures for using environmental quality restoration fund moneys at sites
				  on the North Dakota environmental priorities list. Generally, at contaminated
				  or potentially contaminated sites not on the North Dakota environmental
				  priorities list, the department only may use environmental quality restoration
				  fund moneys to fund emergency remedial actions or investigative activities to
				  determine whether listing is appropriate.
General Authority:
NDCC 23.1-10-03
Law Implemented:
NDCC 23.1-10-02,
					 23.1-10-03
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-01 - General Provisions › Section 33.1-04-01-05 - Use of fund for mitigation activities

Current through Supplement No. 393, July, 2024
The department may use the fund for activities to mitigate
				  environmental damage at the location of the release or at another appropriate
				  location where the department determines that harm caused by the release
				  necessitates mitigation. Mitigation locations are not included on the North
				  Dakota environmental priorities list.
General Authority:
NDCC 23.1-10-03
Law Implemented:
NDCC 23.1-10-02,
					 23.1-10-03
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-01 - General Provisions › Section 33.1-04-01-06 - Cost recovery

Current through Supplement No. 393, July, 2024
The department reserves the right to conduct cost recovery
				  activities in accordance with North Dakota Century Code section 23.1-10-12,
				  where appropriate. Nothing in this article is intended to limit the
				  department's ability to recover costs.
General Authority:
NDCC 23.1-10-03
Law Implemented:
NDCC 23.1-10-02,
					 23.1-10-03
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-01 - General Provisions › Section 33.1-04-01-07 - Identifying responsible parties

Current through Supplement No. 393, July, 2024
The department shall undertake reasonable efforts to identify
				  responsible parties for subject properties, including examining property
				  records, reviewing historical spill information and other documents, conducting
				  site investigations and sampling, and requesting information from relevant
				  persons. A person that acquires property may show that they made "all
				  appropriate inquiries into the previous ownership" under North Dakota Century
				  Code section 23.1-10-08 by providing documentation that they followed the
				  process for assessing the environmental conditions of a property presented in
				  the United States environmental protection agency's All Appropriate Inquiries
				  Final Rule, 40 C.F.R. Part 312, or ASTM International's Standard Practice for
				  Environmental Site Assessments: Phase I Environmental Site Assessment Process
				  (E 1527-13).
General Authority:
NDCC 23.1-10-03
Law Implemented:
NDCC 23.1-10-02, 23.1-10-03,
					 23.1-10-08
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-02 - North Dakota Environmental Priorities List › Section 33.1-04-02-01 - Purpose

Current through Supplement No. 393, July, 2024
This chapter contains the procedures the department will
				  generally follow when determining whether to list or delist a site. Such
				  decisions are wholly within the department's discretion and do not convey any
				  legal right or interest to any person.
General Authority:
NDCC 23.1-10-03
Law Implemented:
NDCC 23.1-10-02,
					 23.1-10-03
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-02 - North Dakota Environmental Priorities List › Section 33.1-04-02-02 - Eligibility

Current through Supplement No. 393, July, 2024
The department may add a site to the North Dakota
				  environmental priorities list on its own initiative or upon application from a
				  person that is not a responsible person for the site. In determining whether to
				  add a site to the North Dakota environmental priorities list, the department
				  will consider the following criteria:
1. The contaminant of concern at the subject
				property should be identified. If no contaminant of concern has been
				identified, there should be at least one recognized environmental condition
				documented at the site.
2. The
				subject property must be assessed by the department to determine if the site
				conditions support the listing of the site, and to determine the priority of
				the listed site.
3. The subject
				property may not be eligible for, or should have exhausted, any other state or
				federal funding sources. Private funding sources may still be
				available.
4. The responsible party
				must be identified, if possible.
5.
				Any other information the department deems relevant.
General Authority:
NDCC 23.1-10-03
Law Implemented:
NDCC 23.1-10-02,
					 23.1-10-03
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-02 - North Dakota Environmental Priorities List › Section 33.1-04-02-03 - Adding sites to the North Dakota environmental priorities list

Current through Supplement No. 393, July, 2024
1. The department
				may add eligible sites to the North Dakota environmental priorities list on a
				case-by-case basis.
2. The
				department shall complete a priority determination for a listed site. Sites
				that the department determines have a higher potential for environmental harm
				generally must be given higher priority for corrective action by the
				department, though the department may consider other factors such as local
				priorities.
3. The inclusion of a
				site on the North Dakota environmental priorities list does not guarantee any
				funding or corrective action will be completed.
4. The department will post on its website
				the North Dakota environmental priorities list and any revisions to the list.
				When a new site is listed, the department will post on its website an
				eligibility determination, priority determination, and site summary. The site
				summary must include:
a. The county in which
				the site is located;
b. The nearest
				incorporated city;
c. The name of
				the applicant, if applicable; and
d. Contact information, including the name,
				phone number, mailing address, and electronic mail address of the applicant
				point of contact, if applicable.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-02 - North Dakota Environmental Priorities List › Section 33.1-04-02-04 - Delisting sites

Current through Supplement No. 393, July, 2024
The department may remove sites from the North Dakota
				  environmental priorities list based on new information or revision of
				  department priorities. Delisting does not relieve any person liable from the
				  responsibility to complete corrective action or from compliance with any
				  environmental law.
General Authority:
NDCC 23.1-10-03
Law Implemented:
NDCC 23.1-10-02,
					 23.1-10-03
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-02 - North Dakota Environmental Priorities List › Section 33.1-04-02-05 - Actions at listed sites

Current through Supplement No. 393, July, 2024
The environmental quality restoration fund may be used to
				  fund approvable actions at listed sites. The department has discretion to
				  determine the amount of funding that will be used at a site and types of
				  approvable actions that will be funded. The department may seek cost recovery
				  from responsible parties. Listed sites will be addressed according to the
				  site's ranking on the North Dakota environmental priorities list, but the
				  department reserves the right at any time to:
1. Modify the order of processing, payment,
				and approval of activities; or
2.
				Modify the ranking of sites based on new information or revision of department
				priorities.
General Authority:
NDCC 23.1-10-03
Law Implemented:
NDCC 23.1-10-02,
					 23.1-10-03
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-04 - Environmental Restoration › Chapter 33.1-04-02 - North Dakota Environmental Priorities List › Section 33.1-04-02-06 - Cost-sharing agreements

Current through Supplement No. 393, July, 2024
The department may enter into a cost-sharing agreement with
				  an owner of a listed site that is not a responsible party. Cost-sharing
				  agreements involve the site owner conducting department-approved activities and
				  receiving partial reimbursement from the department for the costs of those
				  approved activities.
1.
Eligibility.
The following criteria must be met for a site owner
				to be eligible for a cost-sharing agreement:
a. The cost-sharing activities are approvable
				actions;
b. The listed site owner
				has prepared a voluntary response action plan meeting the requirements of North
				Dakota Century Code section 23.1-10-15;
c. The department and listed site owner have
				entered into a voluntary cleanup agreement under North Dakota Century Code
				section 23.1-10-15;
d. The
				approvable actions will be conducted in accordance with the voluntary response
				action plan; and
e. The department
				has no open enforcement actions involving the site owner or an entity
				controlled by the site owner.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-01 - General Provisions › Section 33.1-10-01-01 - Purpose

Current through Supplement No. 393, July, 2024
It is the purpose of this article to state such requirements
				  as shall be applied in the use of all sources of ionizing radiation within
				  North Dakota. This article provides for the protection of public health and
				  maximum safety to all persons at, or in the vicinity of the place of use and
				  storage of sources of ionizing radiation and in addition with respect to
				  radioactive materials, or devices containing radioactive materials, the
				  disposal thereof. This article is intended to be consistent with the best use
				  of ionizing radiation.
General Authority:
NDCC 28-32-02; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-01 - General Provisions › Section 33.1-10-01-02 - Scope

Current through Supplement No. 393, July, 2024
Except as otherwise specifically provided, this article
				  applies to all persons who receive, possess, use, transfer, own, or acquire any
				  source of radiation, provided; however, that nothing in this article shall
				  apply to any person to the extent such person is subject to regulation by the
				  United States nuclear regulatory commission. Attention is directed to the fact
				  that regulation by this state of source material, byproduct material, and
				  special nuclear material in quantities not sufficient to form a critical mass
				  is subject to the provisions of the agreement between this state and the United
				  States nuclear regulatory commission and to part 150 of the commission's
				  regulations [10 CFR part 150].
General Authority:
NDCC 28-32-02; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-01 - General Provisions › Section 33.1-10-01-03 - Authority

Current through Supplement No. 393, July, 2024
The department of environmental quality has been authorized
				  to provide and administer this article under the provisions of North Dakota
				  Century Code chapter 23.1-03.
General Authority:
NDCC 28-32-02; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-01 - General Provisions › Section 33.1-10-01-04 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article, these terms have the definitions set
				  forth below. Additional definitions used only in a certain section will be
				  found in that section. Terms not defined in this article shall have the meaning
				  given them in North Dakota Century Code chapter 23.1-03.
1. "Absorbed dose" means the energy imparted
				by ionizing radiation per unit mass of irradiated material. The units of
				absorbed dose are the gray (Gy) and the rad.
2. "Activity" means the rate of
				disintegration or transformation or decay of radioactive material. The units of
				activity are the becquerel (Bq) and the curie (Ci).
3. "Becquerel" (Bq) means the SI unit of
				activity. One becquerel is equal to one disintegration or transformation per
				second (dps or tps).
4. "Byproduct
				material" means:
a. Any radioactive material,
				except special nuclear material, yielded in or made radioactive by exposure to
				the radiation incident to the process of producing or utilizing special nuclear
				material; and
b. The tailings or
				wastes produced by the extraction or concentration of uranium or thorium from
				ore processed primarily for its source material content, including discrete
				surface wastes resulting from uranium solution extraction processes.
				Underground ore bodies depleted by these solution extraction operations do not
				constitute "byproduct material" within this definition.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-01 - General Provisions › Section 33.1-10-01-05 - Exemptions

Current through Supplement No. 393, July, 2024
1.
General
				provision.
The department may, upon application therefore or upon its
				own initiative, grant such exemptions or exceptions from the requirements of
				this article as it determines are authorized by law and will not result in
				undue hazard to public health and safety or property.
2.
United States department of energy
				contractors and United States nuclear regulatory commission contractors.
Any United States department of energy contractor or subcontractor and any
				United States nuclear regulatory commission contractor or subcontractor of the
				following categories operating within this state is exempt from this article to
				the extent that such contractor or subcontractor under the contractor's or
				subcontractor's contract receives, possesses, uses, transfers, or acquires
				sources of radiation:
a. Prime contractors
				performing work for the United States department of energy at United States
				government-owned or government-controlled sites, including the transportation
				of sources of radiation to or from such sites and the performance of contract
				services during temporary interruptions of such transportation.
b. Prime contractors of the United States
				department of energy performing research in, or development, manufacture,
				storage, testing, or transportation of, atomic weapons or components
				thereof.
c. Prime contractors of
				the United States department of energy using or operating nuclear reactors or
				other nuclear devices in a United States government-owned vehicle or
				vessel.
d. Any other prime
				contractor or subcontractor of the United States department of energy or the
				nuclear regulatory commission when the state and the nuclear regulatory
				commission jointly determine that:
(1) Under
				the terms of the contract or subcontract, there is adequate assurance that the
				work thereunder can be accomplished without undue risk to the public health and
				safety; and
(2) The exemption of
				the prime contractor or subcontractor is authorized by law.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-01 - General Provisions › Section 33.1-10-01-06 - Records

Current through Supplement No. 393, July, 2024
Each licensee and registrant shall maintain records showing
				  the receipt, transfer, and disposal of all sources of radiation. Additional
				  record requirements are specified elsewhere in this article.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03; S.L. 2017,
					 ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-01 - General Provisions › Section 33.1-10-01-07 - Inspections

Current through Supplement No. 393, July, 2024
1. Each licensee
				and registrant shall afford the department at all reasonable times, opportunity
				to inspect sources of radiation and the premises and facilities wherein such
				sources of radiation are used or stored.
2. Each licensee and registrant shall make
				available to the department for inspection, upon reasonable notice, records
				maintained pursuant to this article.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-01 - General Provisions › Section 33.1-10-01-08 - Tests

Current through Supplement No. 393, July, 2024
Each licensee and registrant shall perform upon instructions
				  from the department or shall permit the department to perform such reasonable
				  tests as the department deems appropriate or necessary including tests
				  of:
1. Sources of radiation.
2. Facilities where sources of radiation are
				used or stored.
3. Radiation
				detection and monitoring instruments.
4. Other equipment and devices used in
				connection with utilization or storage of licensed or registered sources of
				radiation.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-01 - General Provisions › Section 33.1-10-01-09 - Additional requirements

Current through Supplement No. 393, July, 2024
The department may, by rule or order, impose upon any
				  licensee or registrant such requirements in addition to those established in
				  this article as it deems appropriate or necessary to minimize danger to public
				  health and safety or property.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-08;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-01 - General Provisions › Section 33.1-10-01-10 - Violations

Current through Supplement No. 393, July, 2024
An injunction or other court order may be obtained
				  prohibiting any violation of any provision of North Dakota Century Code chapter
				  23.1-03 or any rules or order issued thereunder. Any person who violates any
				  provision of North Dakota Century Code chapter 23.1-03 or any rule or order
				  issued thereunder, and, upon conviction thereof, may be punished as provided by
				  law.
General Authority:
NDCC 28-32-02; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-12, 23.1-03-15;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-01 - General Provisions › Section 33.1-10-01-11 - Impounding

Current through Supplement No. 393, July, 2024
Sources of radiation shall be subject to impounding pursuant
				  to North Dakota Century Code section 23.1-03-14.
General Authority:
NDCC 28-32-02; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-14; S.L. 2017,
					 ch. 199, § 18