§ 23.1-15-09 — Disposal services - Issuance of permits by department - Reimbursement of units of government and commercial towing services for costs

of units of government and commercial towing services for costs.
1. The department may issue a permit to any qualified scrap iron processor desiring to
provide its services under this section if the scrap iron processor meets the
requirements of this chapter and chapter 23.1-08.
2. A unit of government may use the services of any permitted scrap iron processor for
collection, storage, incineration, volume reduction, transportation, or other services
necessary to prepare abandoned motor vehicles, scrap tires, and scrap metal for
recycling or other methods of disposal. A unit of government may authorize a permitted
scrap iron processor to pay to the owner of any abandoned motor vehicle an incentive
payment for the abandoned motor vehicle if it is voluntarily surrendered and delivered
to the permitted scrap iron processor. A unit of government may authorize a permitted
scrap iron processor to provide an incentive payment for scrap tires delivered to the
permitted scrap iron processor. For purposes of this section, an owner of an
abandoned motor vehicle is the person that owned and operated the vehicle for the
person's personal or business use.
3. If a unit of government uses the services of a permitted scrap iron processor, the
department may reimburse the unit of government for the costs incurred, including
incentive payments.
4. The department may reimburse a commercial towing service that is a permitted scrap
iron processor in an amount determined by the department for towing, up to thirty days
of storage charges, and disposal of an abandoned motor vehicle if the owner,
lienholders, or secured parties of the abandoned motor vehicle cannot be identified
with reasonable certainty after a search of the department of transportation records
and publication as provided in subsection 2 of section 23.1-15-05.
5. The department may remove any submerged vehicle:
a. Immediately, if the owner, lienholders, or secured parties cannot be identified. The
department may use a commercial towing service that is a permitted scrap iron
processor to extract, tow, and dispose of a submerged vehicle.
b. Upon the owner's stated refusal to remove the submerged vehicle or after thirty
days from the submerged vehicle entering the water or being discovered in the
water if the owner, lienholders, or secured parties are identified after a search of
the department of transportation records. The department may use a commercial
towing service that is a permitted scrap iron processor for extracting, towing, and
disposal of a submerged vehicle. The department may seek reimbursement from
the owner for any costs related to extracting, towing, and disposal of the
submerged vehicle.
6. The department may demand that a unit of government or a commercial towing
service that is a permitted scrap iron processor dispose of abandoned motor vehicles,
scrap tires, and scrap metal under the department's plan for solid waste disposal. If the
unit of government or the commercial towing service fails to dispose of the abandoned
motor vehicles, scrap tires, or scrap metal within one hundred eighty days of the
demand, the department, on behalf of the unit of government, may use the services of
any permitted scrap iron processor for such disposal.
7. A reimbursement request must be made on a form available from the department and
is subject to the limitations of legislative appropriations and the department's
discretion.