2016 North Dakota Century Code Title 23 Health and Safety Chapter 23-29 Solid Waste Management and Land Protection
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CHAPTER 23-29
SOLID WASTE MANAGEMENT AND LAND PROTECTION
23-29-01. Finding of necessity.
The legislative assembly of the state finds that:
1. The people of North Dakota have a right to a clean environment, and the costs of
maintaining a clean environment through the efficient environmentally acceptable
management of solid wastes should be borne by those who use such services.
2. Serious economic, management, and technical problems exist in the management of
solid wastes resulting from residential, commercial, industrial, agricultural, and other
activities carried on in said jurisdictions.
3. Inefficient and improper methods of managing solid wastes create serious hazards to
the public health, result in scenic blights, cause pollution of air and water resources,
cause accident hazards, increase rodent and insect disease vectors, have an adverse
effect on land values, create public nuisances, and otherwise interfere with community
life and development.
4. While the management of solid wastes is the responsibility of each person, problems
of solid waste management have become a matter statewide in scope and concern,
and necessitate state action through technical assistance and leadership in the
application of new improved methods and processes to reduce the amount of solid
wastes and unsalvageable materials and to promote environmentally acceptable and
economical solid waste management.
23-29-02. Declaration of purpose.
It is hereby declared to be the purposes of this chapter to:
1. Plan for and regulate the storage, collection, transportation, resource recovery, and
disposal of solid wastes in order to protect the public health, safety, and welfare and to
enhance the environment for the people of the state.
2. Establish and maintain a cooperative state program of planning and technical
assistance for solid waste management.
3. Provide the authority to and require persons to plan and provide efficient,
environmentally acceptable solid waste management.
4. Provide the authority for the review of plans and facilities for solid waste management.
5. Provide the authority to issue permits for the operation of solid waste management
activities.
6. Promote the application of resource recovery systems which preserve and enhance
the quality of air, water, and land resources.
7. Promote and assist in the development of markets for recovered and recycled
materials.
8. Encourage by 1995 at least a ten percent reduction in volume of municipal waste
deposited in landfills, by 1997 at least a twenty-five percent reduction, and by 2000 at
least a forty percent reduction.
23-29-03. Definitions.
1. "Collection" means the aggregation of solid waste from the places at which the waste
was generated.
2. "Department" means the state department of health.
3. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any solid waste into or on any land or water including ground water.
4. "Industrial waste" means solid waste, which is not a hazardous waste regulated under
chapter 23-20.3, generated from the combustion or gasification of municipal waste and
from industrial and manufacturing processes. The term does not include municipal
waste or special waste.
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"Infectious waste" means solid waste that may contain pathogens with sufficient
virulence and in sufficient quantity that exposure of a susceptible human or animal to
the solid waste could cause the human or animal to contract an infectious disease.
"Landfill" means a publicly or privately owned area of land where solid wastes are
permanently disposed.
"Litter" means discarded and abandoned solid waste materials that are not special
waste or industrial waste.
"Major appliance" means an air conditioner, clothes dryer, clothes washer, dishwasher,
freezer, microwave oven, oven, refrigerator, stove, furnace, water heater, humidifier,
dehumidifier, garbage disposal, trash compactor, or other similar appliance.
"Municipal waste" means solid waste that includes garbage, refuse, and trash
generated by households, motels, hotels, and recreation facilities; by public and
private facilities; and by commercial, wholesale, and private and retail businesses. The
term does not include special waste or industrial waste.
"Open burning" means the combustion of solid waste without control of combustion air
to maintain adequate temperature for efficient combustion, containment of the
combustion reaction in an enclosed device to provide sufficient residence time and
mixing for complete combustion, and control of the emission of the combustion
products.
"Person" means any individual, corporation, limited liability company, partnership, firm,
association, trust, estate, public or private institution, group, federal agency, political
subdivision of this state or any other state or political subdivision thereof, and any legal
successor, representative agent, or agency of the foregoing.
"Political subdivision" means a city, county, township, or solid waste management
authority.
"Resource recovery" means the use, reuse, or recycling of materials, substances,
energy, or products contained within or derived from solid waste.
"Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water
supply treatment plant, or air pollution control facility and other discarded material,
including solid, liquid, semisolid, or contained gaseous material resulting from
industrial, commercial, mining, and agricultural operations, and from community
activities. The term does not include:
a. Agricultural waste, including manures and crop residues, returned to the soil as
fertilizer or soil conditioners; or
b. Solid or dissolved materials in domestic sewage, or solid or dissolved material in
irrigation return flows or industrial discharges that are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act, as
amended [Pub. L. 92-500; 86 Stat. 816; 33 U.S.C. 1251 et seq.], or source,
special nuclear, or byproduct material as defined by the Atomic Energy Act of
1954, as amended [68 Stat. 919; 42 U.S.C. 2011 et seq.].
"Solid waste management" means the purposeful systematic control of the storage,
collection, transport, composting, resource recovery, land treatment, and disposal of
solid waste.
"Special waste" means solid waste that is not a hazardous waste regulated under
chapter 23-20.3 and includes waste generated from energy conversion facilities; waste
from crude oil and natural gas exploration and production; waste from mineral and ore
mining, beneficiation, and extraction; and waste generated by surface coal mining
operations. The term does not include municipal waste or industrial waste.
"Storage" means the containment and holding of solid waste after generation for a
temporary period, at the end of which the solid waste is processed for resource
recovery, treated, disposed of, or stored elsewhere.
"Transport" means the offsite movement of solid waste.
23-29-04. Powers and duties of the department.
The department shall have the responsibility for the administration and enforcement of this
chapter. It shall have the power and its duties shall be to:
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Administer the state solid waste management program pursuant to provisions of this
chapter.
Provide technical assistance on request to political subdivisions of the state and
cooperate with appropriate federal agencies in carrying out the duties under this
chapter, and may, on request, provide technical assistance to other persons.
Encourage and recommend procedures for the utilization of self-financing solid waste
management systems and intermunicipal agencies in accomplishing the desired
objective of this chapter.
Promote the planning and application of resource recovery facilities and systems
which preserve and enhance the quality of air, water, and all resources.
Serve as the official state representative for all purposes of the Federal Solid Waste
Disposal Act [Pub. L. 89-272; 79 Stat. 997; 42 U.S.C. 3251 et seq.], as amended, and
for other state or federal legislation to assist in the management of solid wastes.
Survey the solid waste management needs within the state and maintain and upgrade
the North Dakota solid waste management plan.
Require any person or combinations thereof within the state to submit for review and
approval a solid waste management plan to show that solid wastes will be disposed of
in accordance with the provisions of this chapter.
Adopt and enforce rules governing solid waste management, in order to conserve the
air, water, and land resources of the state; protect the public health; prevent
environmental pollution and public nuisances; and enable the department to
administer this chapter, the adopted solid waste management plan, and delegated
federal programs.
Establish the procedures for permits governing the design, construction, operation,
and closure of solid waste management facilities and systems.
Prepare, issue, modify, revoke, and enforce orders, after investigation, inspection,
notice, and hearing, prohibiting violation of any of the provisions of this chapter or of
any rules and regulations issued pursuant thereto, and requiring the taking of such
remedial measures for solid waste management as may be necessary or appropriate
to implement or effectuate the provisions and purposes of this chapter.
Adopt rules to establish categories and classifications of solid waste and solid waste
management facilities based on waste type and quantity, facility operation, or other
facility characteristics and to limit, restrict, or prohibit the disposal of solid wastes
based on environmental or public health rationale.
Adopt rules to establish standards and requirements for each category of solid waste
management facility.
Adopt rules to establish financial assurance requirements to be met by any person
proposing construction or operation of a solid waste management facility sufficient to
provide for closure and postclosure activities. Financial assurance requirements must
include any or all of the following: insurance, trust funds, surety bonds, letters of credit,
personal bonds, certificates of deposit, and financial tests or corporate guarantees.
Conduct an environmental compliance background review of any applicant for any
permit requested after July 7, 1991. In conducting the review, if the department finds
that an applicant for a permit has intentionally misrepresented or concealed any
material fact from the department, or has obtained a permit by intentional
misrepresentation or concealment of a material fact, has been convicted of a felony or
pleaded guilty or nolo contendere to a felony involving the laws of any state or the
federal government within three years preceding the application for the permit, or has
been adjudicated in contempt of an order of any court enforcing the laws of this state
or any other state or the federal government within three years preceding the
application for the permit, the department may deny the application. The department
shall consider the relevance of the offense to the business to which the permit is
issued, the nature and seriousness of the offense, the circumstances under which the
offense occurred, the date of the offense, and the ownership and management
structure in place at the time of the offense.
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23-29-04.1. Coal combustion residues - Present use and disposal deemed acceptable.
Notwithstanding any other provision of law, the legislative assembly deems the present use
and disposal of coal combustion residues to be acceptable and that present regulation allows
for the beneficial use of coal combustion residues in concrete, for other construction
applications, and for other innovative uses and allows for safe disposal without coal combustion
residues being regulated as a hazardous waste. If a federal law or regulation is adopted
pertaining to the use and disposal of coal combustion residues, this section does not prohibit the
state from seeking state primacy of the federal program.
23-29-04.2. Commercial oilfield special waste recycling facilities - Action against well
operators restricted.
1. By June 1, 2015, the department shall select at least one commercial oilfield special
waste recycling facility having a pending beneficial use application, for authorization of
operation of the facility as a pilot project and to assist the department to develop
standards for recycling of oilfield special waste. The pending beneficial use application
of the pilot project facility must be supported by scientific findings from a third-party
source focused on the anticipated environmental performance of the end products of
the recycled oilfield special waste and the practical utility of those end products.
2. Any pilot project facility and any commercial oilfield special waste recycling facility
permitted after June 30, 2017, must obtain a solid waste permit from the department
and a treating plant permit from the industrial commission for treatment of oilfield
special waste.
3. Any selected pilot project facility may operate as an oilfield special waste recycling
facility through June 30, 2017, and may implement beneficial use demonstration
projects using processed materials under the guidance of the department. A selected
pilot project facility operator shall cooperate with the department to monitor and
analyze impacts to the environment.
4. By July 1, 2017, based upon the results of any pilot projects, the department shall
make recommendations either to adopt rules under chapter 28-32 governing
operations and permitting of commercial oilfield special waste recycling facilities or to
develop written guidelines on recycling and beneficial use of oilfield special waste
under the department's beneficial use approval process. The rules or guidelines must
be adopted to assure compliance with federal and state laws and rules for protection
of the state's water and air and public health in the handling and subsequent use of
oilfield special waste.
5. Upon presentation of official credentials, an employee authorized by the department
may:
a. Examine the premises and facilities and copy books, papers, records,
memoranda, or data of a commercial oilfield special waste recycling facility.
b. Enter upon public or private property for the purpose of taking action authorized
by this chapter and rules adopted under this chapter, including obtaining
information from any person, conducting surveys and investigations, and taking
corrective action.
6. The operator of the commercial oilfield special waste recycling facility is liable for the
cost of any inspection and corrective action required by the department.
7. As a condition of permitting, the department may require the operator of a commercial
oilfield special waste recycling facility post a bond or other financial assurance payable
to the state in a sufficient amount for remediation of any release or disposal of oilfield
special waste in violation of the rules of the department, on the premises or property of
the facility or at a place where treated or untreated materials from the facility are taken
for use or disposal.
8. As used in this section:
a. "Commercial oilfield special waste recycling facility" means a commercial
recycling facility permitted, or a commercial recycling facility pilot project
authorized, under this section for extraction of reusable solids and fluids from any
or all types of oilfield special waste.
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"Drilling operation" means oil and gas drilling and production operations and any
associated activities that generate oilfield special waste.
c. "Oilfield special waste" means special waste associated with oil and gas drilling
operations, exploration, development, or production and specifically includes drill
cuttings, saltwater, and other solids and fluids from drilling operations.
Upon delivery of oilfield special waste to a commercial oilfield special waste recycling
facility, which is permitted or authorized to conduct recycling operations under this
section and is not affiliated with the well operator; acceptance of the oilfield special
waste by the recycling facility; and after the oilfield special waste has been treated and
converted to a beneficial use as a usable product or legitimate substitute for a usable
product, the well operator is not liable in any civil or criminal action for any subsequent
claim or charge regarding the material converted to a beneficial use.
23-29-05. Local government ordinances.
Any political subdivision of the state may enact and enforce a solid waste management
ordinance if such ordinance is equal to or more stringent than this chapter and the rules adopted
pursuant to this chapter.
23-29-05.1. Littering and open burning prohibited - Penalty.
1. A person may not discard and abandon litter, furniture, or major appliances upon
public property or upon private property not owned by that person, unless the property
is designated for the disposal of litter, furniture, or major appliances and that person is
authorized to use the property for that purpose.
2. A person may not engage in the open burning of solid waste, unless the burning is
conducted in accordance with rules adopted by the department.
3. A person violating this section is guilty of an infraction for which a minimum fine of two
hundred dollars must be imposed, except if the litter discarded and abandoned
amounted to more than one cubic foot [0.0283 cubic meter] in volume or if the litter
consisted of furniture or a major appliance, the offense is a class B misdemeanor and
the person is subject to the civil penalty provided in section 23-29-12.
23-29-05.2. Prohibition in landfill disposal - Lead-acid batteries accepted as trade-ins.
1. Infectious waste must be properly treated before disposal by methods approved by the
department. A person may not knowingly deposit in a landfill untreated infectious
waste.
2. Except as provided in subsection 3, after January 1, 1992, a person may not place in
municipal waste or discard or dispose of in a landfill lead-acid batteries, used motor oil,
or major appliances.
3. If resource recovery markets are not available for the items listed in subsection 2, the
items must be disposed of in a manner approved by the department.
4. Lead-acid batteries must be accepted as trade-ins for new lead-acid batteries by any
person who sells lead-acid batteries at retail.
23-29-06. District solid waste management - Penalty.
Repealed by S.L. 1995, ch. 258, § 4.
23-29-06.1. Powers of a solid waste management district.
Repealed by S.L. 1995, ch. 258, § 4.
23-29-06.2. District authority limitation.
Repealed by S.L. 1995, ch. 258, § 3.
23-29-06.3. Solid waste management districts - Authorities or programs.
Repealed by S.L. 1995, ch. 258, § 3.
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23-29-06.4. Statewide coordinating committee.
Repealed by S.L. 1995, ch. 258, § 3.
23-29-07. Permits.
1. The department may issue permits for solid waste management facilities and solid
waste transporters. It is unlawful for any person to own, operate, or use a facility for
solid waste disposal or transport solid wastes without a valid permit. Upon receipt of a
permit application, the department shall give public notice, in the official newspaper of
the county in which the facility is to be located, that the department is considering an
application for a solid waste management facility. The notice must state the name of
the applicant, the location of the facility, and a description of the facility. The
department shall require as a condition of a permit for a solid waste management
facility, not owned or operated by the state or a political subdivision, that any entity that
controls the permitholder agrees to accept responsibility for any remedial measures,
closure and postclosure care, or penalties incurred by the permitholder. For purposes
of this section, "control" means ownership or control, directly, indirectly, or through the
actions of one or more persons of the power to vote twenty-five percent or more of any
class of voting shares of a permitholder, or the direct or indirect power to control in any
manner the election of a majority of the directors of a permitholder, or to direct the
management or policies of a permitholder, whether by individuals, corporations,
partnerships, trusts, or other entities or organizations of any type. All permits are
nontransferable, are for a term of not more than ten years from the date of issuance,
and are conditioned upon the observance of the laws of the state and the rules
adopted under this chapter.
2. For any permit application completed after July 1, 1994, the department shall notify the
board of county commissioners of a county in which a new solid waste management
facility will be located of the department's intention to issue a permit for the facility. The
board of county commissioners may call a special election to be held within sixty days
after receiving notice from the department to allow the qualified electors of the county
to vote to approve or disapprove of the facility based on public interest and impact on
the environment. If a majority of the qualified electors voting on the question in the
election vote to disapprove of the facility, the department may not issue the permit and
the facility may not be located in that county.
3. Notwithstanding subsection 2, if the new solid waste management facility for which the
permit application was completed after July 1, 1994, will be owned or operated by a
solid waste management authority, a special election to approve or disapprove of a
facility may be called only if the boards of county commissioners from a majority of the
counties in the solid waste management district call for a special election. However, a
special election must be conducted in each county within the authority. If a majority of
the qualified electors voting on the question in the election vote to disapprove of the
facility, the department may not issue the permit.
4. Subsections 2 and 3 do not apply to a solid waste management facility operated as
part of an energy conversion facility or part of a surface coal mining and reclamation
operation, if the solid waste management facility disposes of only waste generated by
the energy conversion facility or surface coal mining and reclamation operation.
23-29-07.1. Fees - Deposit in operating fund.
The department by rule may prescribe and provide for the payment and collection of
reasonable fees for the issuance of permits or registration certificates for registering, licensing,
or permitting solid waste generators, transporters, and treatment, storage, recycling, or disposal
facilities. The permit or registration certificate fees must be based on the anticipated cost of
filing and processing the application, taking action on the requested permit or registration
certificate, and conducting a monitoring and inspection program to determine compliance or
noncompliance with the permit or registration certificate. Any moneys collected for permit
licensing or registration fees must be deposited in the department operating fund in the state
treasury and any expenditures from the fund are subject to appropriation by the legislative
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assembly. Applicants for special use solid waste management facilities shall submit a minimum
fee as follows:
1. Twenty thousand dollars for any facility that receives on average one hundred tons
[90718 kilograms] or more per day.
2. Ten thousand dollars for any facility which receives on average more than ten tons
[9071.80 kilograms] but less than one hundred tons [90718 kilograms] per day.
23-29-07.2. Solid waste management fund - Administration.
The solid waste management fund is a special fund in the state treasury. The Bank of North
Dakota shall administer the fund. The fund is a revolving fund, subject to appropriation by the
legislative assembly. The Bank may annually deduct up to one-half of one percent of the fund
balance including the principal balance of the outstanding loans as a service fee for
administering the fund. The Bank shall contract with a certified public accounting firm to audit
the fund once every two years. The cost of the audit and any other actual costs incurred by the
Bank on behalf of the fund must be paid from the fund. Section 54-44.1-11 does not apply to the
fund.
23-29-07.3. Surcharge - Penalty.
Repealed by S.L. 1995, ch. 258, § 3.
23-29-07.4. Report of surcharge collection.
Repealed by S.L. 1995, ch. 258, § 3.
23-29-07.5. Applications for grants or loans - Loan terms.
Moneys in the solid waste management fund may be used to make grants or low-interest
loans to political subdivisions for waste reduction, planning, resource recovery, and recycling
projects with an emphasis on marketing. An application for a grant or loan out of moneys in the
solid waste management fund must be made to the department. The department shall review an
application to determine if the purpose of the grant or loan is consistent with the purposes of the
fund and the district solid waste management plan. The department shall adopt rules to
implement this section. If the department approves an application, the department shall forward
the application and the results of the department's review of the application to the Bank of North
Dakota. The Bank, in consultation with the department, shall determine the financial criteria that
must be met for an application to be approved. A loan must be repaid within a period not
exceeding twenty years at an interest rate of four percent.
23-29-07.6. Preconstruction site review.
The department, in cooperation with the state engineer and the state geologist, shall
develop criteria for siting a solid waste disposal facility based upon potential impact on
environmental resources. Any application for a landfill permit received after the department
develops siting criteria as required by this section must be reviewed for site suitability by the
department after consultation with the state engineer and state geologist before any site
development. Site development does not include the assessment or monitoring associated with
the review as required by the department in consultation with the state engineer and state
geologist.
23-29-07.7. Review of existing municipal waste landfills.
Repealed by S.L. 2005, ch. 54, § 7.
23-29-07.8. Waste characterization.
The department may not allow the storage or disposal of solid waste from outside this state,
unless it is demonstrated that the governing authority or the generator of the solid waste from
outside this state has an effective program for waste quality control and for waste
characterization.
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23-29-07.9. Municipal waste landfills and incinerators - Certification.
A municipal waste landfill and a municipal waste incinerator must have at least one
individual certified by the department onsite at all times during the operation of the landfill or
incinerator. The department shall adopt training standards and certification requirements.
23-29-07.10. Public educational materials - Municipal waste reduction and recycling.
The department, after consulting with the superintendent of public instruction, shall develop
and disseminate educational materials to encourage voluntary municipal waste reduction,
source separation, reuse of materials, recycling efforts, and appropriate management of
municipal waste.
23-29-07.11. Disclosure of information before issuance, renewal, transfer, or major
modification of permit.
Before an application for the issuance, renewal, transfer, or major modification of a permit
under this chapter may be granted, the applicant shall submit to the department a disclosure
statement executed under oath or affirmation. The department shall verify and may investigate
the information in the statement and shall deny an application for the issuance, renewal,
transfer, or major modification of a permit if the applicant has intentionally misrepresented or
concealed any material fact in a statement required under this section, a judgment of criminal
conviction for violation of any federal or state environmental laws has been entered against the
applicant within five years before the date of submission of the application, or the applicant has
knowingly and repeatedly violated any state or federal environmental protection laws. The
disclosure statement must include:
1. The name and business address of the applicant.
2. A description of the applicant's experience in managing the type of solid waste that will
be managed under the permit.
3. A description of every civil and administrative complaint against the applicant for the
violation of any state or federal environmental protection law which has resulted in a
fine or penalty of more than ten thousand dollars within five years before the date of
the submission of the application.
4. A description of every pending criminal complaint alleging the violation of any state or
federal environmental protection law.
5. A description of every judgment of criminal conviction entered against the applicant
within five years before the date of submission of the application for the violation of
any state or federal environmental protection law.
6. A description of every judgment of criminal conviction of a felony constituting a crime
involving fraud or misrepresentation under the laws of any state or of the United States
which has been entered against the applicant within five years before the date of
submission of the application.
23-29-08. Inspections.
The department is hereby authorized to inspect all solid waste management activities and
facilities, at all reasonable times, to ensure compliance with the laws of this state, the provisions
of this chapter, and the rules and regulations authorized herein.
23-29-09. Notice.
Repealed by S.L. 2015, ch. 194, § 4.
23-29-10. Administrative procedure and judicial review.
Any proceeding under this chapter for the issuance or modification of rules and regulations,
including emergency orders relating to solid waste management and land protection, and
determining compliance with rules and regulations of the department, must be conducted in
accordance with the provisions of chapter 28-32, and appeals may be taken as therein
provided. When an emergency exists requiring immediate action to protect the public health and
safety, the department may, without notice or hearing, issue an order reciting the existence of
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such emergency and requiring that such action be taken as is necessary to meet this
emergency. Notwithstanding any provision of this chapter, such order is effective immediately,
but on application to the department must be afforded a hearing before the state health council
within ten days. On the basis of such hearing, the emergency order must be continued,
modified, or revoked within thirty days after such hearing.
23-29-11. Injunction proceedings.
The violation of any provision of this chapter, or any rule, regulation, or order issued
thereunder, is declared a nuisance inimical to the public health, welfare, and safety. Whenever
in the judgment of the department any person has engaged in or is about to engage in any acts
or practices which constitute or will constitute a violation of this chapter, or any rule, regulation,
or order issued thereunder, the department, in accordance with the laws governing injunctions
and other process, may maintain an action in the name of the state enjoining such action or
practices or for an order directing compliance, and upon a showing by the department that such
person has engaged or is about to engage in any such acts or practices, a permanent or
temporary injunction, restraining order, or other order may be granted.
23-29-12. Penalties.
1. Any person who 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 who 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 who 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 who 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.
23-29-13. Plats.
All persons operating solid waste management facilities for disposal under a permit issued
pursuant to this chapter shall, upon completion of the operation at each site, file a plat of the
area with the recorder of each county in which the facility is located, together with a description
of the wastes placed therein.
23-29-14. Exemption.
The provisions of this chapter, and the rules, regulations, or orders authorized herein, do not
prevent any natural person who resides on unplatted land in unincorporated areas of this state
from disposing of that person's normal household wastes on that person's property, so long as
no health hazard or nuisance is created thereby.
23-29-15. Short title.
Repealed by S.L. 1991, ch. 277, § 21.
23-29-16. Environmental Protection Act.
Repealed by S.L. 2015, ch. 194, § 4.
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