Title 23.1 — Environmental Quality
18 chapters · 217 sections in this title.
N.D.C.C. § 23.1-04-01 Declaration of purpose
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The department of environmental quality shall administer this chapter to: 1. Protect human health and the environment from the effects of the improper, inadequate, or unsafe past or present management of hazardous waste and underground storage tanks. 2. Establish a program to reg…
N.D.C.C. § 23.1-04-02 Definitions
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For purposes of this chapter, unless the context otherwise requires: 1. "Commercial facility" means all contiguous land, structures, appurtenances, and improvements on the land used for treatment and disposal of hazardous waste received from offsite generators. 2. "Department" me…
N.D.C.C. § 23.1-04-03 Powers and duties of the department
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The department shall administer and enforce this chapter. The department shall: 1. Administer the state hazardous waste management and underground storage tank programs under this chapter. 2. Survey hazardous waste generation and management practices in the state. 3. Adopt, modif…
N.D.C.C. § 23.1-04-05 Hazardous waste regulations
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Under chapter 28-32, the department shall adopt rules: 1. For determining whether any waste is hazardous. 2. Prescribing procedures for generators of hazardous waste. 3. For the issuance of permits for the storage, treatment, and disposal of hazardous waste in an environmentally …
N.D.C.C. § 23.1-04-06 Underground storage tank regulations
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Under chapter 28-32, the department shall adopt rules: 1. For maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and…
N.D.C.C. § 23.1-04-07 Municipal underground storage tank ordinances
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A county, city, or township may not enact and enforce an underground storage tank ordinance if the ordinance is more stringent than this chapter and the rules authorized to be adopted under this chapter.
N.D.C.C. § 23.1-04-08 Permits
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1. A person may not construct, substantially alter, or operate any hazardous waste treatment, storage, or disposal facility, nor may any person treat, store, or dispose of any hazardous waste without obtaining a permit from the department for the facility or activity. A hazardous…
N.D.C.C. § 23.1-04-09 Fees - Deposit in operating fund
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The department by rule may provide for the payment and collection of reasonable fees for the issuance of permits or registration certificates for registering, licensing, or permitting hazardous waste generators, transporters, and treatment, storage, recycling, or disposal facilit…
N.D.C.C. § 23.1-04-10 Commercial facility permits and ordinances
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1. Counties and cities may issue permits for commercial facilities pursuant to section 23.1-04-08 and may enact and enforce commercial facility ordinances if the ordinances are equal to or more stringent than this chapter and the rules adopted under this chapter. 2. In addition t…
N.D.C.C. § 23.1-04-12 Inspections - Right of entry
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To develop or enforce any rule authorized by this chapter or enforce a requirement of this chapter, any duly authorized representative or employee of the department may, upon presentation of appropriate credentials, at any reasonable time: 1. Enter any place, facility, or site at…
N.D.C.C. § 23.1-04-13 Monitoring, analysis, and testing - Civil penalty
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1. If the department determines, upon receipt of any information, that: a. The presence of any hazardous waste, hazardous constituent, or regulated substance at a facility or site at which hazardous waste or regulated substance is, or has been, stored, treated, or disposed of; or…
N.D.C.C. § 23.1-04-14 Imminent hazard
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Upon receipt of information that the past or present handling, storage, transportation, treatment, or disposal of any waste or regulated substance may present an imminent and substantial endangerment to health or the environment, the department may take emergency action necessary…
N.D.C.C. § 23.1-04-15 Enforcement penalties and citizen participation
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1. If the department finds a person is in violation of a permit, rule, standard, or requirement of this chapter, the department may issue an order requiring the person to comply with the permit, rule, standard, or requirement, and the department may bring an action for a civil or…
N.D.C.C. § 23.1-04-16 Applicability
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1. The hazardous waste provisions of this chapter do not apply to the following wastes to the degree to which they are exempted from regulation by sections 3001(b)(2) and 3001(b)(3)(A) of the Resource Conservation and Recovery Act, as amended by the Solid Waste Disposal Act Amend…
N.D.C.C. § 23.1-04-17 Limited liability for subsequent owners of property
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1. Notwithstanding any other provision of law and except as expressly provided by federal law, a person that acquires property is not liable for any existing hazardous waste or substance on the property if: a. The person acquired the property after the disposal or placement of th…