North Dakota § 23.1-06-11 Right of onsite inspection

North Dakota Statutes

§ 23.1-06-11 — Right of onsite inspection

North Dakota § 23.1-06-11

Title 23.1Environmental Quality

Ch. 23.1-06Air Pollution Control

This text of North Dakota § 23.1-06-11 (Right of onsite inspection) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 23.1-06-11 (2026).

Text

1.Any duly authorized officer, employee, or agent of the department may enter and inspect any property, premise, or place on or at which an air contaminant source is located or is being constructed, installed, or established at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and related rules. If requested, the owner or operator of the premises must receive a report setting forth all facts found which relate to compliance status.

2.The department may conduct tests and take samples of air contaminants, fuel, process material, and other materials that may affect emission of air contaminants from any source, and may have access to and copy any records required by department rules to be maintained, and may inspect monitoring equipment located on

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1. Any duly authorized officer, employee, or agent of the department may enter and
inspect any property, premise, or place on or at which an air contaminant source is
located or is being constructed, installed, or established at any reasonable time for the
purpose of ascertaining the state of compliance with this chapter and related rules. If
requested, the owner or operator of the premises must receive a report setting forth all
facts found which relate to compliance status.
2. The department may conduct tests and take samples of air contaminants, fuel,
process material, and other materials that may affect emission of air contaminants
from any source, and may have access to and copy any records required by
department rules to be maintained, and may inspect monitoring equipment located on
the premises. Upon request of the department, the person responsible for the source
to be tested shall provide necessary holes in stacks or ducts and other safe and
proper sampling, and testing facilities exclusive of instruments and sensing devices
necessary for proper determination of the emission of air contaminants. If an
authorized representative of the department, during the course of an inspection,
obtains a sample of air contaminant, fuel, process material, or other material, the
representative shall issue a receipt for the sample obtained to the owner or operator
of, or person responsible for, the source tested.
3. To ascertain the state of compliance with this chapter and any applicable rules, a duly
authorized officer, employee, or agent of the department may enter and inspect, at any
reasonable time, any property, premises, or place on or at which a lead-based paint
remediation activity is ongoing. If requested, the department shall provide to the owner
or operator of the premises a report that sets forth all facts found which relate to
compliance status.