Title 23.1, Environmental Quality
18 chapters · 235 sections in this title.
N.D.C.C. § 23.1-01-01 Department of environmental quality established - Director appointment
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The department of environmental quality is established and is the primary state environmental agency. The governor shall appoint a director of the department who shall serve at the pleasure of the governor. The director must have a bachelor of science degree or higher from an acc…
N.D.C.C. § 23.1-01-02 Environmental review advisory council - Members, powers, and duties
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1. The environmental review advisory council is established to advise the department of environmental quality in carrying out its duties. The council consists of the director of the department of water resources, state geologist, and director of the game and fish department, who …
N.D.C.C. § 23.1-01-03 Director - Powers and duties
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The director of the department of environmental quality shall: 1. Enforce all rules adopted by the department; 2. Hire employees as necessary to carry out the duties of the department and director; 3. Organize the department in the most efficient and effective manner; 4. Maintain…
N.D.C.C. § 23.1-01-04 Rulemaking authority - Limitations
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1. Except as provided in subsection 2, the department of environmental quality may not adopt any rule for the purpose of the state administering a program under the federal Clean Air Act [42 U.S.C. 7401 et seq.]; federal Clean Water Act [33 U.S.C. 1251 et seq.]; federal Safe Drin…
N.D.C.C. § 23.1-01-05 Department of environmental quality authorized to transfer future accumulated fees
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The department of environmental quality may from time to time transfer unclaimed fees on deposit with the Bank of North Dakota or other authorized depository to the state general fund when the unclaimed status has existed for a period of at least three years.
N.D.C.C. § 23.1-01-06 Department to employ waste management facility inspectors
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The department of environmental quality shall employ and establish the qualifications, duties, and compensation of at least one full-time inspector for each commercial, nonpublicly owned waste management disposal or incineration facility that accepts more than twenty-five thousan…
N.D.C.C. § 23.1-01-07 Permit or investigatory hearings - Exemption from chapters 28-32 and 54-57
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A permit hearing conducted for purposes of receiving public comment or an investigatory hearing conducted under chapters 23.1-03, 23.1-04, 23.1-06, 23.1-08, 61-28, and 61-28.1 is not an adjudicative proceeding under chapter 28-32 and is not subject to the requirements of chapter …
N.D.C.C. § 23.1-01-08 Commercial feed, insecticide, fungicide, rodenticide, fertilizer, and soil conditioner laws - Laboratory function
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Notwithstanding any other provision of law, any laboratory test or analysis required under chapter 4.1-34, 4.1-40, or 4.1-41 must be performed by the department of environmental quality for the agriculture commissioner at no charge.
N.D.C.C. § 23.1-01-09 Department of environmental quality - Indirect cost recoveries
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Notwithstanding section 54-44.1-15, the department of environmental quality may deposit indirect cost recoveries in its operating account.
N.D.C.C. § 23.1-01-10 Zoning regulation of concentrated animal feeding operations - Central repository
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The department of environmental quality shall establish, operate, and maintain an electronically accessible central repository for all county and township zoning regulations that pertain to concentrated animal feeding operations. The county auditor of a county and a township cler…
N.D.C.C. § 23.1-01-11 Appeal from permit proceedings
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1. An appeal from the issuance, denial, modification, or revocation of a permit issued under chapter 23.1-03, 23.1-04, 23.1-06, 23.1-08, or 61-28 may be made by the person who filed the permit application, or by any person who is aggrieved by the permit application decision, prov…
N.D.C.C. § 23.1-01-11.1 Environmental compliance background review - Criminal history background checks
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1. As part of an environmental compliance background review, the department may require an applicant for a radioactive materials license under chapter 23.1-03 or a solid waste permit under chapter 23.1-08 to complete a statewide and nationwide criminal history record check as pro…
N.D.C.C. § 23.1-01-12 Rules
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The department may adopt rules consistent with national or regional standards which relate to the promotion of plastic bottle recycling and the maintenance of safe plastic bottle recycling practices in the state.
N.D.C.C. § 23.1-01-13 Contracts for inspections
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The department may contract with public health units and other appropriate entities to conduct inspections on behalf of the department or provide other services.
N.D.C.C. § 23.1-01-14 Environmental laboratories - Certification required - Fees
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1. The department shall establish and administer a certification program for environmental laboratories. The department may: a. Establish standards and procedures for certifying environmental laboratories; b. Issue certifications to all applicants who satisfy the requirements for…
N.D.C.C. § 23.1-01-15 International climate control regulations
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A climate control-related regulation of an international organization, either directly through the organization or indirectly through law or regulation, is not enforceable on this state.
N.D.C.C. § 23.1-01-16 Standards for well drilling and installation of water well pumps, pitless units, and monitoring wells - Reports required
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1. All construction of water wells must comply with the rules adopted by the department of environmental quality. 2. All installation of water well pumps and pitless units must comply with the rules adopted by the department of environmental quality. 3. All monitoring wells const…