Title 23.1, Environmental Quality
18 chapters · 235 sections in this title.
N.D.C.C. § 23.1-06-01 Definitions
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For purposes of this chapter: 1. "Air contaminant" means any solid, liquid, gas, or odorous substance, or any combination of solid, liquid, gas, or odorous substance. 2. "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in such quantitie…
N.D.C.C. § 23.1-06-02 Declaration of public policy and legislative intent
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It is the public policy of this state and the legislative intent of this chapter to achieve and maintain the best air quality possible, consistent with the best available control technology, to protect human health, welfare, and property, to prevent injury to plant and animal lif…
N.D.C.C. § 23.1-06-04 Power and duties of the department
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1. The department shall develop and coordinate a statewide program of air pollution control. To accomplish this, the department shall: a. Encourage the voluntary cooperation of persons to achieve the purposes of this chapter. b. Determine by scientifically oriented field studies …
N.D.C.C. § 23.1-06-05 Licensing of asbestos and lead-based paint contractors and certification of asbestos and lead-based paint workers
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1. The department shall administer and enforce a licensing program for asbestos contractors and lead-based paint contractors and a certification program for asbestos workers and lead-based paint workers. To do so, the department shall: a. Require training of, and to examine, asbe…
N.D.C.C. § 23.1-06-06 Sulfur dioxide ambient air quality standards more strict than federal standards prohibited
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The department may not adopt ambient air quality rules or standards for sulfur dioxide that affect coal conversion facilities or petroleum refineries that are more strict than federal rules or standards under the federal Clean Air Act [42 U.S.C. 7401 et seq.], nor may the departm…
N.D.C.C. § 23.1-06-07 Requirements for adoption of air quality rules more strict than federal standards
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1. Notwithstanding any other provisions of this title, the department may not adopt air quality rules or standards affecting coal conversion and associated facilities, coal- fueled electric generating units, petroleum refineries, or oil and gas production and processing facilitie…
N.D.C.C. § 23.1-06-08 Classification and reporting of air pollution sources
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1. After consultation with the environmental review advisory council the department, by rule, may classify air contaminant sources according to levels and types of emissions and other criteria that relate to air pollution, and may require reporting for any class. Classifications …
N.D.C.C. § 23.1-06-09 Permits or registration
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1. A person may not construct, install, modify, use, or operate an air contaminant source designated by regulation, capable of causing or contributing to air pollution, either directly or indirectly, without a permit from the department or in violation of any conditions imposed b…
N.D.C.C. § 23.1-06-10 Fees - Deposit in operating fund
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The department by rule may prescribe and provide for the payment and collection of reasonable fees for permits and registration certificates. The fees must be based on the anticipated cost of filing and processing the application, taking action on the requested permit or registra…
N.D.C.C. § 23.1-06-11 Right of onsite inspection
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1. Any duly authorized officer, employee, or agent of the department may enter and inspect any property, premise, or place on or at which an air contaminant source is located or is being constructed, installed, or established at any reasonable time for the purpose of ascertaining…
N.D.C.C. § 23.1-06-12 Confidentiality of records
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1. Any record, report, or information obtained under this chapter must be available to the public. However, upon a showing satisfactory to the department that disclosure to the public of a part of the record, report, or information, other than emission data, to which the departme…
N.D.C.C. § 23.1-06-13 Administrative procedure and judicial review
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Any proceeding under this chapter for the issuance or modification of rules and regulations, including emergency orders relating to control of air pollution, or determining compliance with rules and regulations of the department, must be conducted in accordance with chapter 28-32…
N.D.C.C. § 23.1-06-14 Enforcement - Penalties - Injunctions
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1. A person that willfully violates this chapter, or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter, is subject to a fine of not more than ten thousand dollars per day per violation, or by imprisonment for not more than on…
N.D.C.C. § 23.1-06-15 Regulation of odors - Rules
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1. In areas located within a city or the area over which a city has exercised extraterritorial zoning as defined in section 40-47-01.1, a person may not discharge into the ambient air any objectionable odorous air contaminant that measures seven odor concentration units or higher…
N.D.C.C. § 23.1-06-16 Implementation of federal regional haze program requirements
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1. Consistent with the federal Clean Air Act [42 U.S.C. 7401 et seq.] and the regulations adopted under the Clean Air Act, the department shall develop and implement a state regional haze plan in accordance with this section. 2. The state regional haze plan must include an analys…