N.D. Admin. Code 33.1-04-02-06

Current through Supplement No. 395, January, 2025

Section 33.1-04-02-06 - Cost-sharing agreements

The department may enter into a cost-sharing agreement with an owner of a listed site that is not a responsible party. Cost-sharing agreements involve the site owner conducting department-approved activities and receiving partial reimbursement from the department for the costs of those approved activities.

1.Eligibility. The following criteria must be met for a site owner to be eligible for a cost-sharing agreement:

a. The cost-sharing activities are approvable actions;

b. The listed site owner has prepared a voluntary response action plan meeting the requirements of North Dakota Century Code section 23.1-10-15;

c. The department and listed site owner have entered into a voluntary cleanup agreement under North Dakota Century Code section 23.1-10-15;

d. The approvable actions will be conducted in accordance with the voluntary response action plan; and

e. The department has no open enforcement actions involving the site owner or an entity controlled by the site owner.

2.Agreement. The department and a site owner may enter into a cost-sharing agreement if the eligibility requirements of subsection 1 are met. The cost-sharing agreement must include:

a. A description of the approvable actions planned for the site;

b. A cost-estimate for the approvable actions;

c. Statement of maximum department contribution amount, not to exceed fifty percent of the total real cost of the approvable actions;

d. Any terms or conditions required by the department to enter into the agreement; and

e. A certificate of completion for the voluntary response actions issued to the listed site owner within an approved timeline.

3.Violation of cost-sharing requirements. The site owner shall repay cost-share funds to the department if:

a. Response actions have been conducted in a way or manner that is not in compliance with the voluntary response action plan;

b. The site owner has failed to comply with, or violated, the voluntary cleanup agreement;

c. The site owner fails to comply with the terms and conditions of the cost-sharing agreement;

d. The site owner's remedial actions cause, or contribute to, additional contamination of the listed property; or

e. The site owner's remedial actions cause, or contribute to, contamination at properties other than the subject property.

N.D. Admin Code 33.1-04-02-06

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