§ 23.1-04-15 — Enforcement penalties and citizen participation

North Dakota § 23.1-04-15

• Jurisdiction: North Dakota
• Title 23.1: Environmental Quality
• Ch. 23.1-04: Hazardous Waste Management

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1. If the department finds a person is in violation of a permit, rule, standard, or
requirement of this chapter, the department may issue an order requiring the person to
comply with the permit, rule, standard, or requirement, and the department may bring
an action for a civil or criminal penalty, including an action for injunctive relief. An
action under this chapter must be brought in the district court for the county in which
the violation occurred or in which the party in violation has the party's residence or
principal office in the state.
2. A person that violates a provision of this chapter or any rule, standard, or permit
condition adopted under this chapter is subject to a civil penalty not to exceed
twenty-five thousand dollars per day of violation. Each day of noncompliance
constitutes a separate violation for purposes of penalty assessments.
3. A person that knowingly violates a provision of this chapter or a rule, standard, or
permit condition adopted under this chapter, or that knowingly makes a false statement
or representation in documentation required by this chapter, is subject to a fine not to
exceed twenty-five thousand dollars per day of violation, to imprisonment for a period
not to exceed one year, or both.
4. A person that knowingly violates a provision of this chapter in a manner that manifests
extreme indifference to human life and places an individual in imminent danger of
death or serious bodily injury, is subject to a fine not to exceed fifty thousand dollars
per day of violation, to imprisonment for a period not to exceed two years, or both.
5. a. A person having an interest that may be adversely affected by a violation of this
chapter may commence a civil action to compel compliance with this chapter, or a
rule, order, or permit issued under this chapter.
b. Notice of the violation must be given to the department and to an alleged violator
sixty days before commencement of a citizen suit brought under this subsection.
c. A person with an interest that may be adversely affected by a violation of this
chapter may intervene as a matter of right in a civil action brought by the
department to require compliance with this chapter.
6. An administrative action brought under this chapter must be conducted in accordance
with chapter 28-32.