North Dakota Administrative Code

1. Except as provided in subsection 2 of section 33.1-10-23-19, the authority to engage in licensed activities as specified in the specific license shall expire at the end of the specified day in the month and year stated therein. Any expiration date on a specific license applies…

1. Applications for renewal of specific licenses shall be filed in accordance with section 33.1-10-23-12. 2. In any case in which a licensee, not less than thirty days prior to expiration of an existing license, has filed an application in proper form for renewal or for a new lic…

Applications for amendment of a license shall be filed in accordance with section 33.1-10-23-12 and shall specify the respects in which the licensee desires the license to be amended and the grounds for such amendment. History: Effective January 1, 2019. General Authority: NDCC 2…

In considering an application by a licensee to renew or amend the license, the department will apply the criteria set forth in section 33.1-10-23-13. History: Effective January 1, 2019. General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-03-03, …

1. The terms and conditions of all licenses shall be subject to amendment, revision, or modification or the license may be suspended or revoked by reason of amendments to North Dakota Century Code chapters 23-20.2, 23.1-02, 23.1-03, or 23.1-05, or by reason of rules and orders is…

Each licensee shall keep records of information important to the safe and effective reclamation of a facility in an identified location until the license is terminated by the department. If records of relevant information are maintained for other purposes, reference to these reco…

1. Any person who holds a specific license from another agreement state or licensing state, issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is hereby…

Each licensee or applicant for a specific license shall post with the department financial assurance, or security, to ensure the protection of the public health and safety and the environment in the event of abandonment, default, or other inability or unwillingness of the license…

1. Where surface contamination by both alpha and beta-gamma emitting nuclides exists, the limits established for alpha and beta-gamma emitting nuclides shall apply independently. 2. As used in this section, "disintegrations per minute" means the rate of emission by radioactive ma…

1. A licensee shall appoint a radiation safety officer, who agrees, in writing, to be responsible for implementing the radiation protection program. The licensee, through the radiation safety officer, shall ensure that radiation safety activities are being performed in accordance…

1. Except for licenses exclusive to the transport of TENORM waste, the specific licensee shall require an individual fulfilling the responsibilities of the radiation safety officer as provided in section 33.1-10-23-27 to be an individual who has completed a department approved tr…

For the purposes of this chapter, the following definitions apply in addition to the definitions set forth in North Dakota Century Code chapter 23.1-12: 1. "Annual base registration fee" means the portion of the total annual registration fee that is charged equally for all tanks …

Tank owners and operators shall register their tanks with the fund on an annual basis and the registration year runs February first through January thirty-first. The department shall send a letter, electronically or by mail, to all known tank owners and operators explaining the f…

1. The owner or operator shall pay a total annual registration fee for each aboveground and underground tank. The total annual registration fee is due and payable on February first. The total annual registration fee consists of both the annual base registration fee and the classi…

Upon receiving notice of a release, the PTRCF program must: 1. Verify the tank and all other tanks owned or operated by the operator are registered with the fund. 2. Record the release information in the registration file for the location. 3. Verify the department has received pr…

In each release investigation, the PTRCF program shall: 1. Investigate the location and cause of the release. 2. Interview persons with knowledge of the release. 3. Examine records and documentation concerning the release, including documentation of the corrective action taken an…

1. The department shall reimburse reasonable and necessary environmental consultant, contractor, and excavation expenses in consultation with the department's division assigned to the cleanup. 2. No payments for reimbursement may be made from the fund unless a completed claim app…

If a reimbursement is denied or payment is reduced to a tank owner or operator, the tank owner or operator may request a review by the board by filing a written request and supporting documentation with both the department and the board within thirty days of receiving a "sworn st…

No reimbursement may be made for damage to employees as defined by the title 65 governing workforce safety and insurance or agents of the owner or operator. History: Effective October 1, 2022. General Authority: NDCC 23.1-12-05, 28-32-02 Law Implemented: NDCC 23.1-12-26, 23.1-12-…

For purposes of this chapter in addition to the definitions set forth in chapter 33.1-13-01 and North Dakota Century Code chapter 23.1-12, the following definitions apply: 1. "Aboveground storage tank (AST) system" means an aboveground storage tank or combination of tanks at one …

1. This chapter applies to all owners and operators of an aboveground storage tank system as defined in subsection 1 of North Dakota Century Code section 23.1-04.1-01. 2. Compliance with this chapter does not relieve an owner or operator of the requirements of any other state and…

systems. An owner or operator of a new or upgraded aboveground storage tank that is secondarily contained shall provide release detection for tanks by interstitial monitoring or visual inspection as follows: 1. For double-walled or double-bottomed aboveground storage tank systems…

An owner or operator of an existing aboveground storage tank system or tank that does not meet the secondary containment requirements for new tank systems in subsection 3 of section 33.1-13-01-02, shall provide release detection for tanks in accordance with at least one of the fo…

An owner or operator shall provide the following release detection for piping: 1. Aboveground piping. An owner or operator shall: a. Visually inspect and document leaks and seepage at least monthly; and b. Repair any areas of the piping, including pipe joints, that show visible s…

1. An owner or operator shall submit notice of an aboveground storage tank system's existence to the department prior to bringing the aboveground storage tank system into use, using the form supplied by the department. Before submitting notice of a new aboveground storage tank sy…

1. An owner and operator, and any previous owners and operators, must maintain records demonstrating compliance with all applicable requirements of sections 33.1-13-01-02 and 33.1-13-01-05 relating to those records: a. All written performance claims pertaining to any release dete…

1. a. If an aboveground storage tank system is in temporary closure, owners and operators shall continue to comply with state fire code or local fire code as required by section 33.1-13-01-02, and if a release is suspected or confirmed, comply with sections 33.1-13-01-10 through …

1. Before completion of a permanent closure or a change in service, owners and operators shall measure for the presence of a release where contamination is most likely to be present at the aboveground storage tank site. In selecting sample types and locations and measurement 11 m…

An owner or operator shall report a release or suspected release to the department, by telephone or online spill report form, within twenty-four hours if: 1. Released liquid fuel at the aboveground storage tank site or in the surrounding area, such as the presence of free product…

If a release from an aboveground storage tank is confirmed under section 33.1-13-01-14 or is identified in any other manner, an owner or operator shall perform the following actions: 12 1. Take immediate action to prevent any further release of the liquid fuel into the environmen…

1. Whenever required by the department, an owner or operator shall determine if an aboveground storage tank system is the source of offsite impacts, including the discovery of liquid fuel, such as the presence of free product or vapors in soils, basements, sewer and utility lines…

1. An owner or operator shall assemble information about the site and the nature of the release, including information gained while confirming the release or completing the initial abatement measures in sections 33.1-13-01-11 and 33.1-13-01-12. The information must include the fo…

1. Owners and operators are responsible for submitting a plan that provides for adequate protection of human health and the environment as determined by the department and shall modify the plan as necessary to meet this standard. The department may require an owner or operator to…

As used in this article: 1. "Alteration" means a change in an item described on an original manufacturer's data report which affects the pressure retaining capability of the pressure retaining item. An alteration includes nonphysical changes, such as an increase in the maximum al…

1. Power boilers. Each authorized inspection agency or owner/user inspection organization, to which a special inspector commission has been issued, shall submit to the chief boiler inspector complete data of each high-pressure boiler insured or inspected by it or covered by a wri…

chief inspector of new, canceled, or suspended risks. Each insurance company or other authorized inspection agency shall notify the chief inspector within thirty days of each boiler insured, covered by a written inspection agreement, canceled, not renewed, or suspended because of…

chief inspector of defective boilers and boiler accidents. If a special inspector, upon the first inspection of a boiler, finds that the boiler or any of the appurtenances are in such condition that the inspector's company refuses insurance or the boiler does not comply with the …

The chief inspector is not required to inspect boilers in any establishment owned and operated by an owner/user inspection organization provided an annual boiler inspection program is established and maintained by such organization and all boilers and appurtenances are constructe…

If upon an external inspection there is evidence of a leak or crack, enough of the covering of the boiler must be removed to satisfy the inspector, in order that the inspector may determine the safety of the boiler. If the covering cannot be removed at that time, the inspector ma…

When an accident occurs which requires major repairs as defined in subsection 20 of section 33.1-14-01-01, the owner or user immediately shall notify the chief inspector and submit a detailed report of the accident. In case of an explosion, notice must be given immediately by tel…

The owner or user who causes a boiler to be operated after inspections without possessing a valid certificate of inspection is subject to the penalty under North Dakota Century Code section 23.1-16-11. History: Effective July 1, 2020. General Authority: NDCC 23.1-16-14 Law Implem…

1. A certificate of inspection, issued in accordance with this article, is valid until expiration unless some defect or condition affecting the safety of the boiler is disclosed and if all inspection fees have been paid. A certificate of inspection is valid for the following time…

When the stamping on a boiler becomes indistinct, the inspector shall instruct the owner or user to have it restamped. Request for permission to restamp the boiler must be made to the chief inspector and proof of the original stamping must accompany the request before authorizati…

Any boiler having been inspected and declared unsafe by the chief inspector or the inspector's deputy must be stamped by the inspector with the letter X and the letters ND as shown on the following facsimile that will be designated a condemned boiler: XX ND XX. 3 History: Effecti…

North Dakota or brought into North Dakota for temporary use. 1. The owner shall notify the chief boiler inspector before any new or secondhand boiler may be operated in North Dakota, giving its location and operating pressure. 2. The installer shall notify the chief boiler inspec…

1. It is the responsibility of the owner of a building complex or owner of a boiler to notify the chief boiler inspector of plans to discontinue use of a boiler due to business being permanently closed. 2. If a business is destroyed by fire, flood, or windstorm, the owner shall n…

When a nonportable standard boiler located in this state is moved to another state for use or repair, the owner shall apply to the chief boiler inspector before the boiler may be reinstalled in North Dakota. History: Effective July 1, 2020. General Authority: NDCC 23.1-16-04 Law …