N.D. Cent. Code § 61-28-04.1

Current through 2024 Legislative Session

Section 61-28-04.1 - Septic system servicing - Permit required - Inspection authority - Fees

1. A person engaging in the business of servicing septic systems must have a permit issued by the department and must comply with the conditions imposed by the permit.

2. The department shall administer and enforce a permitting program for septic system servicers and has the following powers and duties:

a. To require training of and to examine septic system servicers and their employees;

b. To establish standards and procedures for permitting of septic system servicers;

c. To issue permits to all applicants who satisfy the requirements for certification under this section and any rules under this section, to renew permits, and to suspend or revoke permits for cause after notice and opportunity for hearing;

d. To establish reasonable fees for permitting septic system servicers, however the department may not establish or charge a permit or renewal fee for a plumber licensed under chapter 43-18 who operates no more than one servicing unit;

e. To establish criteria for the sanitary management of septage, including standards for the transportation, treatment, and disposal of septage;

f. To require preapproval of land application sites;

g. To require recordkeeping and reporting;

h. To require spill reporting, corrective action, and evidence of financial responsibility; and

i. To adopt and enforce rules as necessary for implementation of this section.

3. In adopting its rules the department shall apply different standards based on the size of the septic system servicer, on the type of the service provided, quantity of septage handled, and number of units. The department may not require preapproval of a land application site for an application from a rural single-family residence on property owned or leased by the owner or lessee of the single-family residence.

4. The department may inspect all septic system servicing activities, including records, equipment, and disposal sites at all reasonable times to ensure compliance with the laws of this state. Nothing in this section removes the duty of any person to comply with applicable public health standards.

N.D.C.C. § 61-28-04.1

Amended by S.L. 2017 , ch. 425( HB 1160 ), § 1, eff. 8/1/2017.

Added by S.L. 2013 , ch. 487( SB 2308 ), § 5, eff. 1/1/2014.