23-31 Environmental Emergency Costs - North Dakota Statutes

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CHAPTER 23-31ENVIRONMENTAL EMERGENCY COSTS23-31-01. Environmental emergency cost recovery. Except as provided in section23-20.3-11, 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 anenvironmental 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 toimplement this chapter.Page No. 1Document Outlinechapter 23-31 environmental emergency costs