§ 23.1-04-13 — Monitoring, analysis, and testing - Civil penalty

1. If the department determines, upon receipt of any information, that:
a. The presence of any hazardous waste, hazardous constituent, or regulated
substance at a facility or site at which hazardous waste or regulated substance is,
or has been, stored, treated, or disposed of; or
b. The release of any such waste or regulated substance from a facility or site may
present a substantial hazard to human health or the environment, the department
may issue an order requiring the owner or operator of the facility or site to
conduct any monitoring, testing, analysis, and reporting with respect to the facility
or site which the department deems reasonable to ascertain the nature and
extent of the hazard.
2. In the case of any facility or site not in operation at the time a determination is made
under subsection 1 with respect to the facility or site, if the department finds the owner
or operator of the facility or site could not reasonably be expected to have actual

knowledge of the presence of hazardous waste or regulated substance at the facility or
site and of its potential for release, the department may issue an order requiring the
most recent previous owner or operator of the facility or site which could reasonably be
expected to have such actual knowledge to carry out the actions referred to in
subsection 1.
3. A person that violates this section is subject to a civil penalty of five thousand dollars
per day of violation.