§ 23.1-08-23 — Penalties

North Dakota § 23.1-08-23

• Jurisdiction: North Dakota
• Title 23.1: Environmental Quality
• Ch. 23.1-08: Solid Waste Management and Land Protection

Text

1. Any person that violates this chapter or any permit condition, rule, order, limitation, or
other applicable requirement implementing this chapter is subject to a civil penalty not
to exceed twelve thousand five hundred dollars per day per violation, unless the
penalty for the violation is otherwise specifically provided for and made exclusive in
this chapter.
2. Any person that willfully violates any provision of this chapter or any permit condition,
rule, order, limitation, or other applicable requirement implementing this chapter is
guilty of a class C felony, unless the penalty for the violation is otherwise specifically
provided for and made exclusive in this chapter.
3. Any person that willfully makes any false statement, representation, or certification in
any application, record, report, plan, or other document filed or required to be
maintained under this chapter or any permit condition, rule, order, limitation, or other
applicable requirement implementing this chapter or that falsifies, tampers with, or
willfully renders inaccurate any monitoring device or method required to be maintained

under this chapter or any permit condition, rule, order, limitation, or other applicable
requirement implementing this chapter is guilty of a class C felony, unless the penalty
for the violation is otherwise specifically provided for and made exclusive in this
chapter.
4. The following citizen participation provisions apply to violations of this chapter relating
to coal combustion residuals or any permit condition, rule, order, limitation, or other
applicable requirement implementing this chapter relating to coal combustion
residuals:
a. A person having an interest that may be affected adversely 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 affected adversely 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.