§ 23-01-22 — Department to employ waste management facility inspectors

North Dakota § 23-01-22

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-01: Health Division

Text

The department of health and human services shall employ and establish the qualifications,
duties, and compensation of at least one full-time inspector for each commercial, nonpublicly
owned waste management disposal or incineration facility that accepts more than twenty-five
thousand tons [22679.6 kilograms] per year of hazardous waste, industrial waste, nuclear
waste, or ash resulting from the incineration of municipal solid waste. This section does not
apply to any energy conversion facility or coal mining operation that disposes of its solid waste
onsite. The department may require inspectors for those facilities that accept less than
twenty-five thousand tons [22679.6 kilograms] per year. The facility inspector shall conduct
regular inspections of the operating procedure and conditions of the facility and report the
findings to the department on a regular basis. If an inspector discovers a condition at a facility
that is likely to cause imminent harm to the health and safety of the public or environment, the
inspector shall notify the department. The department shall proceed as provided by sections
23-29-10 and 23-29-11.

The department shall assess the owner or operator of a waste management facility that
accepts hazardous waste, industrial waste, nuclear waste, or ash resulting from the incineration
of municipal solid waste an annual fee to pay the salaries, wages, and operating expenses
associated with employing an inspector for the facility. The owner or operator of the facility shall
submit the fee to the department by July first of each year. Any fees collected must be deposited
in the department's operating fund in the state treasury and any expenditures from the fund are
subject to appropriation by the legislative assembly. If a facility begins operation after July first of
any year, the owner or operator of the facility shall pay to the department a prorated fee for the
fiscal year before the facility may begin accepting waste. Moneys in the waste management
facility account may be spent by the department within the limits of legislative appropriation.