Section 33.1-04-02-02 - EligibilityThe department may add a site to the North Dakota environmental priorities list on its own initiative or upon application from a person that is not a responsible person for the site. In determining whether to add a site to the North Dakota environmental priorities list, the department will consider the following criteria:
1. The contaminant of concern at the subject property should be identified. If no contaminant of concern has been identified, there should be at least one recognized environmental condition documented at the site.2. The subject property must be assessed by the department to determine if the site conditions support the listing of the site, and to determine the priority of the listed site.3. The subject property may not be eligible for, or should have exhausted, any other state or federal funding sources. Private funding sources may still be available.4. The responsible party must be identified, if possible.5. Any other information the department deems relevant.N.D. Admin Code 33.1-04-02-02
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