2013 North Dakota Century Code Title 23 Health and Safety Chapter 23-31 Environmental Emergency Costs
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CHAPTER 23-31
ENVIRONMENTAL EMERGENCY COSTS
23-31-01. Environmental emergency cost recovery.
Except as provided in section 23-20.3-11, the state department of health may recover from
the parties responsible for an environmental emergency the reasonable and necessary state
costs incurred in assessment, removal, corrective action, or monitoring as a result of an
environmental emergency in violation of chapter 23-20.1, 23-20.3, 23-25, 23-29, 61-28, or
61-28.1. As used in this chapter, "environmental emergency" means a release into the
environment of a substance requiring an immediate response to protect public health or welfare
or the environment from an imminent and substantial endangerment and which is in violation of
chapter 23-20.1, 23-20.3, 23-25, 23-29, 61-28, or 61-28.1, and "reasonable and necessary
costs" means those costs incurred by the department as a result of the failure of the parties
responsible for the environmental emergency to implement appropriate assessment and
corrective action after receipt of written notice from the department. If assessment, removal,
monitoring, or corrective action must be initiated prior to identification of the responsible parties,
the department may assess those prior costs to the responsible parties at the time they are
identified.
23-31-02. Environmental quality restoration fund.
There is established an environmental quality restoration fund into which the funds
recovered in this chapter may be deposited. The fund is to be administered by the state
department of health and may be used by the state department of health for costs of
environmental assessment, removal, corrective action, or monitoring as determined on a
case-by-case basis.
23-31-03. Rules adoption.
The state department of health may adopt rules to implement this chapter.
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