North Dakota Administrative Code

An owner or operator of an industrial waste landfill shall demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility. The owner or operator shall have and maintain li…

1. Trust fund. A trust fund must satisfy the requirements of this subsection. a. The trustee shall be an entity which has authority to act as a trustee in this state and whose trust operations are regulated and examined by a federal or state agency. b. Payments into the trust fun…

1. Release of financial assurance for completion of closure. After receiving certification from the owner or operator and a qualified professional engineer that final closure has been completed in accordance with the approved closure plan and upon review and approval by the depar…

1. Applicants for permits for transporting solid waste and for solid waste management units shall pay, at the time the permit application is filed, a nonrefundable application processing fee as follows: a. Two hundred dollars for a solid waste transporter. (1) Solid waste transpo…

The owners or operators of an activity or unit required to have a permit under these rules are subject to an annual permit fee for each permit. The fee period must begin each July first and the fee 2 must be paid by July thirty-first. All fees must be made payable to the North Da…

1. Permittees of all municipal waste landfills, municipal waste incinerators, municipal solid waste ash landfills, and special waste landfills which accept primarily oilfield special waste or TENORM waste in North Dakota must have at least one certified operator onsite at all tim…

1. In order to be certified landfill operator, an applicant shall take and pass a written examination given by the department or its authorized representative. 2. The department shall charge certification fees of fifty dollars for initial certification and twenty-five dollars for…

1. To be eligible for certification, a landfill or incinerator operator shall have a minimum of one year experience in operating the type of landfill or incinerator that the operator wants to be certified for and attend a training session approved by the department for solid wast…

The department may suspend or revoke the certificate of an operator if it is found that the operator has practiced fraud or deception in obtaining the certificate or in the performance of operator duties. No certificate may be revoked or suspended except after a hearing conducted…

Certificates expire each year on June thirtieth. The holder shall reapply for renewal of an expired certificate and pay the renewal fee by July first. To be eligible for renewal, each certified operator shall attend at least one departmentally approved training course every three…

The department may require any person or political subdivision within the state to submit for review and approval a solid waste management plan to show that solid wastes will be disposed of in accordance with the provisions of North Dakota Century Code chapter 23.1-08 and this ar…

1. Any political subdivision may apply for a loan or grant from the solid waste management fund. 2. The loan or grant application must be submitted to the department and include the following: a. The political entity applying for the grant or loan. b. The purpose of the grant or …

1. Onsite wastewater treatment system installers licenses issued by local public health units under North Dakota Century Code section 23-35-08 valid on July 31, 2025, do not expire and must remain in effect until December 31, 2026, or if the department of environmental quality ad…

The department of environmental quality has been authorized to provide and administer this chapter relating to septic system servicing under the provisions of North Dakota Century Code section 61-28-04.1. History: Effective January 1, 2019. General Authority: NDCC 61-28-04, 61-28…

This chapter establishes procedures governing the servicing of septic systems, including portable restrooms, holding tanks, and similar devices that receive domestic wastewater and establishes standards for the use and disposal of wastewater from those sources while protecting th…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 61-28, except: 1. "Incorporation" means the mixing of septage with topsoil to a minimum depth of four inches within forty-eight hours. 2. "Injection" means the subsurface placemen…

1. Class I classification is defined as a septic system servicer that operates three or more permitted servicing vehicles or at least one portable toilet servicing vehicle. 2. Class II classification is defined as all septic system servicers not classified as class I. History: Ef…

1. Permit required. A person wishing to engage in the business of servicing septic systems, portable restrooms, holding tanks, and similar devices that receive domestic wastewater shall submit an application for a permit to the department on a form provided by the department. 2. …

1. Septic system servicers and their employees engaged in the servicing of septic systems are required to pass an annual examination provided by the department. 2. Septic system servicers are required to attend a training course provided by the department once every five years. 3…

1. Septic system servicers shall allow the department to inspect the equipment used in servicing at any reasonable time and place designated by the department. 2. Vehicles used in servicing shall meet the following identification requirements: a. A valid septic pumper plate, as p…

1. Septage must be disposed of at a department-permitted wastewater treatment facility, or it may be land-applied. All septic system servicers shall submit disposal site information to the department with their permit applications under subsection 2 of section 33.1-21-02-05. 2. C…

1. Septic system servicers and their employees shall report all spills to the department as soon as possible, but within twenty-four hours. The septic system servicers shall keep a copy of the spill report for five years. The report shall include: a. Spill location; b. Spill volu…

1. Septic system servicers must keep records of all their servicing and disposal activities. Each septic system servicer shall maintain records for not less than five years. Records must be available to the department for review upon request. 2. The records must contain: a. The o…

Charges are based on reagent cost, testing time, personnel salaries, and overhead costs. History: Effective January 1, 2019. 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 1…

This chapter applies to all laboratories required to be certified under North Dakota Century Code section 23.1-01-14. A laboratory that performs tests and analyses, the results of which must be reported to the department to meet permit conditions or other department program or re…

In this article, unless the context otherwise requires, the following definitions apply: 1 1. "Analyte" means the chemical substance, physical property, or organism determined in a sample. 2. "Analyte group" means a set of analytes that can be determined using the same method or …

The analytical methods, sample collection, and preservation procedures used to analyze samples for programs required by a federal agency must meet the requirements specified in the relevant parts of the Code of Federal Regulations as stated herein. The laboratory's analytical met…

For analysis of sewage sludge samples required by state and federal rules, laboratories shall use the methods and test procedures in title 40, Code of Federal Regulations, part 503, and publication SW-846. History: Effective July 1, 2020; amended effective January 1, 2022. Genera…

For analysis of water or wastewater samples required by state and federal clean water rules, laboratories shall use the methods and test procedures in title 40, Code of Federal Regulations, part 136. History: Effective July 1, 2020; amended effective January 1, 2022. General Auth…

For analysis of water or wastewater samples required by state and federal coal combustion residuals in landfills and surface impoundments rules and regulations as amended, laboratories shall use methods appropriate for groundwater sampling and that accurately measure hazardous co…

For analysis of water or wastewater samples as requested by the department or to support studies of specific industries or for use in broad national surveys, laboratories shall use validated methods and test procedures. Environmental protection agency methods are preferred but ot…

For analysis of suitable drinking water samples as requested by the department or to support studies of specific industries or for use in broad national surveys, laboratories shall use validated methods and test procedures. Environmental protection agency methods are preferred, b…

For analysis of wastewater, waste, and solid and hazardous waste samples, laboratories shall use the methods and test procedures found in the SW-846 or as deemed by the division of waste management within the department. Modifications may be used with the approval of the departme…

For analysis of drinking water samples required by state and federal Safe Drinking Water Act rules, laboratories shall use the methods and test procedures in title 40 Code of Federal Regulations, part 141. Laboratories also shall comply with the "Manual for the Certification of L…

Provisions for the use of alternate methods to be used in the Safe Drinking Water Act program and the Clean Water Act program are found within the corresponding federal laws and regulations. A laboratory may request approval for alternate methods by following the instructions pro…

For analysis of solids and chemical samples as requested by the department or to support studies of specific industries or for use in broad national surveys, laboratories shall use validated methods and test procedures. Environmental protection agency methods are preferred but ot…

A laboratory shall have adequate staff with the education, training, or experience to meet the requirements of certification. At least one staff person must be identified as the laboratory administrator and that person's contact information must be provided with the certification…

The laboratory shall have a quality assurance and quality control program that meets the criteria specified in the "North Dakota Environmental Laboratory Certification Program Manual" that includes: 1. A quality assurance manual or plan; 2. Standard operating procedures; and 3. T…

The laboratory shall allow the department and its agents reasonable access to the laboratory for inspection and evaluation purposes and shall produce such information and records as the department requests to determine compliance with this article. History: Effective July 1, 2020…

The laboratory shall maintain all records used to demonstrate the laboratory's compliance with certification requirements. If a laboratory analyzes samples from a client, then upon request, the laboratory shall provide to the client the records that support the client's test resu…

A laboratory that has samples analyzed by another laboratory shall use laboratories that have valid department certification if the data is to be reported to the department. History: Effective July 1, 2020. 6 General Authority: NDCC 23.1-01-14 Law Implemented: NDCC 23.1-01-14…

1. A laboratory may not alter or misrepresent its certification status and attending documents issued by the department in any brochures, promotional literature, or advertising materials. A laboratory may not describe its certification status in a manner that implies certificatio…

A laboratory shall timely respond in writing to any written communication from the department. History: Effective July 1, 2020. General Authority: NDCC 23.1-01-14 Law Implemented: NDCC 23.1-01-14

1. A laboratory shall submit an initial application if: a. It has never received primary or reciprocal certification under this article; b. It has had its primary certification or department reciprocal certification revoked in total; c. Its certification has expired for more than…

Initial applications and revised applications may be submitted to the department at any time. History: Effective July 1, 2020. General Authority: NDCC 23.1-01-14 Law Implemented: NDCC 23.1-01-14

When a laboratory's certification has expired, the laboratory shall apply for a renewed certification. History: Effective July 1, 2020. General Authority: NDCC 23.1-01-14 Law Implemented: NDCC 23.1-01-14

A laboratory with a valid certification shall submit a modified application, including the information required for primary certifications or reciprocal certifications, to the department to: 1. Add a program for which the laboratory does not currently have certification; 2. Add a…

A laboratory notified of or involved in a corrective action or with a suspended certification is not eligible to apply for a certification renewal for the affected field of testing until the laboratory receives confirmation from the department that the corrective action is comple…

1. Primary certification is granted following the procedure as outlined in the "North Dakota Environmental Laboratory Certification Program Manual". 2. Certification becomes effective the date of issuance and is valid for three years unless suspended, revoked, or voluntarily disc…

Certification of a laboratory is not an endorsement by the department of the quality or validity of the data generated by a laboratory. Certification does not guarantee the usability of data generated by a laboratory for an intended purpose. The users of laboratory results are re…