Title 23.1, Environmental Quality

A tax of one dollar and fifty cents is imposed on each initial North Dakota certificate of title issued to a passenger motor vehicle or a truck motor vehicle. The proceeds of the tax must be paid into the abandoned motor vehicle disposal fund. No registration plates or title cert…

A collector may store unlicensed, operable or inoperable, vehicles and parts cars on the collector's property provided the vehicles and parts cars and the outdoor storage area are maintained so they do not constitute a health hazard and are screened from ordinary public view by m…

As used in this chapter, unless the context otherwise requires: 1. "Boiler" means a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum for use externally to the boiler by the direct application of…

The department shall employ a chief boiler inspector and deputy inspectors. The chief boiler inspector has jurisdiction over all boilers in this state except as otherwise provided.

1. An individual is not eligible to the office of chief boiler inspector unless that individual: a. Has had at the time of the appointment at least five years' experience in the construction, inspection, operation, maintenance, or repair of high-pressure boilers and pressure vess…

1. The chief boiler inspector shall: a. Keep a complete record of the type, dimensions, maximum allowable working pressure, age, condition, location, and date of the last-recorded internal and external inspection of boilers to which this chapter applies. b. Cooperate and assist i…

Every boiler in this state must be constructed, installed, and maintained according to rules adopted to implement this chapter.

This chapter does not apply to: 1. Any boiler subject to federal inspection or under federal control. 2. Any boiler located on a farm and used solely for agricultural purposes. 3. Any heating boiler located in a private residence or in an apartment house of less than six family u…

1. The chief boiler inspector shall inspect each boiler used or proposed to be used within this state. The inspection must be thorough as to the construction, installation, condition, and operation as provided by the rules adopted to implement this chapter. An exempt boiler may b…

1. Upon written request of an employer, the department may appoint as a special inspector an inspector in the employ of: a. An insurance company authorized to insure boilers in this state against loss from explosion; b. A company qualified by the national board of boiler and pres…

1. Upon completion of inspection, the owner or user of a boiler shall pay to the department fees or a combination of inspection and certificate fees. The department shall determine the inspection fees. Certificate fees are determined by section 23.1-16-10. The department shall de…

The department shall issue a certificate of inspection for each boiler inspected upon receipt of an inspection report certifying that the boiler is in a safe condition to be operated. The department shall charge a fee of thirty-five dollars per year for each year that a certifica…

A person may not operate a boiler in this state without a valid certificate of inspection. A violation of this section is a class A misdemeanor on the part of the owner, user, or operator of the boiler.

The boiler manufacturer shall provide the department with a manufacturer's data report. When signed by an authorized inspector, this data sheet together with the stamp on the boiler is the record denoting the boiler has been constructed in accordance with the rules adopted to imp…

All funds collected and received under this chapter must be paid to the state treasurer and deposited in the department of environmental quality operating fund to be used to defray the costs of boiler inspections.

1. The department shall adopt rules for the safe and proper installation, use, operation, and inspection of boilers and pressure vessels subject to this chapter. 2. The department shall adopt rules for the licensing of operators of hobby boilers used during parades, exhibitions, …

For purposes of this chapter: 1. "Aboveground storage tank" means any one or a combination of aboveground containers, vessels, or enclosures, including associated piping or appurtenances used to store an accumulation of refined petroleum products that is not an underground storag…

The department shall: 1. Administer and enforce this chapter. 2. Administer aboveground storage tank programs under this chapter. 3. Adopt, modify, repeal, and enforce rules governing the aboveground storage tanks. 4. Enter agreements with other local, state, or federal agencies …

The department shall adopt rules: 1. For maintaining a leak detection method or combination of methods designed to identify releases in a manner consistent with the protection of human health and the environment. 2. For maintaining records of any monitoring of a leak detection sy…

The department by rule may provide for the payment and collection of reasonable fees for the issuance of permits for registering, licensing, or permitting aboveground storage tanks. The permit fees must be based on the anticipated cost of filing and processing the application, ta…

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…

Upon receipt of information that a release from an aboveground storage tank may present an imminent and substantial endangerment to health or the environment, the department may take emergency action as necessary to protect health or the environment.

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 pe…

For the purposes of this chapter: 1. "Department" means the department of environmental quality. 2. "Install" means to place or replace a part of an onsite waster treatment system, whether new or existing, to make it ready for use. 3. "License" means authorization by the departme…

1. Except as otherwise provided by law, the department has the exclusive authority to adopt rules regarding licensing, permitting, and inspections of onsite wastewater treatment systems. 2. The department shall provide technical assistance and guidance to municipalities and local…

1. An individual may not engage in the business of installing an onsite wastewater treatment system unless the individual is licensed. To remain licensed in good standing, a licensee shall comply with this chapter and any rules adopted under this title. 2. An individual is exempt…

1. The department shall establish rules relating to permitting onsite wastewater treatment systems. 2. The department may prescribe by rule a process for obtaining variances for existing nonconforming or nonfunctional onsite wastewater treatment systems. The process shall conside…

1. An action of a political subdivision denying, modifying, or revoking a permit to install an onsite wastewater treatment system may be appealed to the department by petition for review. The appeal must be filed with the department within ten days of receiving notice of the deni…

The department may provide for the payment and collection of reasonable fees for the issuance of licenses for onsite wastewater system installers by rule. The license fees must be based on the anticipated cost of filing and processing the application, taking action on the request…

1. An individual who violates a provision of this chapter or any rule, standard, order, or permit condition adopted in accordance with this chapter is subject to a civil penalty not to exceed twelve thousand five hundred dollars per violation. 2. An individual who willfully makes…

1. A proceeding under this chapter to adopt or modify rules relating to licensing individuals for the installation or servicing of onsite wastewater treatment systems, or for determining compliance with rules of the department, must be conducted in accordance with the provisions …