N.D. Admin. Code 33.1-04-01-02

Current through Supplement No. 395, January, 2025

Section 33.1-04-01-02 - Definitions

The terms used throughout this article have the same meaning as in North Dakota Century Code chapter 23.1-10, except:

1. "Applicant" means any person seeking, by site, the use of environmental quality restoration fund moneys or seeking department approval of a voluntary response action plan under North Dakota Century Code section 23.1-10-15.

2. "Approvable action" means any action for which the director may approve the use of environmental quality restoration fund moneys.

3. "Contaminant of concern" refers to the regulated substance leading to a site's contamination.

4. "Contaminant source" means a containment unit, process, or any activity which contributed to, solely or in part, a release of a regulated substance to the environment.

5. "Delisted site" means any site removed from the North Dakota environmental priorities list.

6. "Director" means the North Dakota department of environmental quality director, or their designated representative.

7. "Environmental hazard" means any condition existing at a site that may represent a hazard to human or environmental health.

8. "Listed site" means any property included in the North Dakota environmental priorities list.

9. "North Dakota environmental priorities list" means a list of contaminated sites that the department has determined may be subject to department response using the environmental quality restoration fund.

10. "Priority" means a qualitative ranking of a listed site.

11. "Recognized environmental condition" means the presence, or likely presence, of any regulated substances in, on, or at a property due to a release to the environment; conditions indicative of a release to the environment; or under conditions that pose a threat of a future release to the environment.

12. "Subject property" means any property that is the subject of any remedial action, restoration, assessment, corrective action, mitigation, or monitoring, being conducted with environmental quality restoration fund moneys or under voluntary response action conditions.

13. "Unlisted site" means any site that has not been added to the North Dakota environmental priorities list.

N.D. Admin Code 33.1-04-01-02

Adopted by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.

General Authority: NDCC 23.1-10-03

Law Implemented: NDCC 23.1-10-02, 23.1-10-03