23.1-08-03. Powers and duties of the department

23.1-08-03. Powers and duties of the department

The department shall:

1. Administer and enforce the state solid waste management program under this chapter.

2. 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. On request, the department may provide technical assistance to other

persons.

3. Encourage and recommend procedures for using self-financing solid waste

management systems and intermunicipal agencies.

4. Promote the planning and application of resource recovery facilities and systems that

preserve and enhance the quality of air, water, and all resources.

5. 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. 6901 et seq.], as amended, and

for other state or federal legislation to assist in the management of solid wastes.

6. Survey the solid waste management needs within the state and maintain and upgrade

the North Dakota solid waste management plan.

7. Require any person 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.

8. Adopt and enforce rules governing solid waste management 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.

9. Establish procedures for permits governing the design, construction, operation, and

closure of solid waste management facilities and systems.

10. Prepare, issue, modify, revoke, and enforce orders, after investigation, inspection,

notice, and hearing, prohibiting violation of this chapter or of any rules issued under

this chapter, and requiring remedial measures for solid waste management as may be

necessary or appropriate under this chapter.

11. 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.

12. Adopt rules to establish standards and requirements for each category of solid waste

management facility.

13. 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 may

include: insurance, trust funds, surety bonds, letters of credit, personal bonds,

certificates of deposit, and financial tests or corporate guarantees.

14. Conduct an environmental compliance background review of any applicant for any

permit. In conducting the review, if the department finds 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

within three years preceding the application for the permit, or has been adjudicated in

contempt of an order of any court 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.

15. Adopt rules to establish standards and requirements for solid waste pilot projects.