The North Dakota Department of Environmental Quality (NDDEQ) has specific regulations concerning the management and disposal of solid waste, particularly when it involves potential contamination of groundwater. The North Dakota Century Code (NDCC) Chapter 23-29 outlines the general provisions for solid waste management. However, when dealing with facilities that handle hazardous waste or pose a significant risk to human health and the environment, the state often defers to or incorporates federal standards, such as those under the Resource Conservation and Recovery Act (RCRA). RCRA Subtitle D specifically addresses non-hazardous solid waste, but its implementing regulations, particularly 40 CFR Part 258 (Criteria for Municipal Solid Waste Landfills), set stringent requirements for landfill design, operation, monitoring, and closure to prevent groundwater contamination. North Dakota’s solid waste management rules, found in the North Dakota Administrative Code (NDAC) Chapter 33-20, generally align with these federal standards for municipal solid waste landfills. A key component of these regulations is the requirement for leachate collection and removal systems, as well as groundwater monitoring wells to detect any potential migration of contaminants. The NDAC specifies design standards for liners and caps, operational practices to minimize leachate production, and post-closure care requirements. The question focuses on the initial steps taken by a facility to comply with these regulations when establishing a new landfill, emphasizing the proactive measures to prevent environmental harm. The most critical initial step, mandated by both federal and state regulations, is obtaining a permit from the relevant state agency, in this case, the NDDEQ. This permit process involves a thorough review of the proposed facility’s design, operational plans, and environmental impact assessments to ensure compliance with all applicable laws and regulations before any construction or operation can commence. Without this foundational permit, any subsequent actions related to landfill construction or operation would be in violation of state and federal environmental law.

The North Dakota Department of Environmental Quality (NDDEQ) oversees various environmental programs, including those related to water quality. The Clean Water Act, a federal law, establishes the framework for regulating pollutant discharges into waters of the United States. Section 401 of the Clean Water Act requires federal agencies to obtain a water quality certification from the state in which the discharge originates or would affect. This certification ensures that the proposed activity will comply with applicable water quality standards and other provisions of the Clean Water Act. In North Dakota, the NDDEQ is the designated agency responsible for issuing these certifications. The process typically involves a review of the proposed project’s potential impact on state waters, including consideration of designated uses of those waters, antidegradation policies, and specific water quality standards for parameters like dissolved oxygen, turbidity, and temperature. If the NDDEQ determines that the project may violate these standards or adversely affect the designated uses of North Dakota’s waters, it can impose conditions on the certification or deny it altogether. These conditions are legally binding and must be met by the applicant for the federal permit to be issued. The authority to impose such conditions stems from the state’s inherent police power to protect public health and the environment, as delegated by federal law and codified in state statutes and administrative rules.

The North Dakota Department of Environmental Quality (NDDEQ) employs a tiered approach to assessing and managing contaminated sites. Under the North Dakota Century Code (NDCC) Chapter 23-20.3, concerning petroleum tank release sites, specific procedures are outlined for site investigation and remediation. When a petroleum tank release is reported, the NDDEQ typically initiates a preliminary assessment to characterize the extent of contamination. If the assessment indicates that the release poses a significant risk to human health or the environment, a more detailed site investigation, including soil and groundwater sampling, is required. Remediation goals are established based on risk assessment findings and applicable state and federal standards, such as those found in the North Dakota Administrative Code (NDAC) Article 33-20, which addresses underground storage tanks. The concept of “no further action” is a critical endpoint in this process, signifying that the site has been remediated to a level that no longer poses an unacceptable risk, as determined by the NDDEQ. This determination is based on the comprehensive data collected during the investigation and the effectiveness of the implemented remediation strategies. The NDDEQ’s oversight ensures that all activities comply with the relevant statutes and administrative rules, aiming to protect public health and the environment of North Dakota.

The North Dakota Department of Environmental Quality (NDDEQ) oversees the regulation of underground storage tanks (USTs) to prevent contamination of soil and groundwater. The primary federal law governing USTs is the Resource Conservation and Recovery Act (RCRA), specifically Subtitle I. North Dakota has adopted its own regulations that are often more stringent or specific to the state’s environmental concerns, found within the North Dakota Administrative Code (NDAC) Chapter 33-24-05, which deals with Underground Storage Tank Control. This chapter outlines requirements for tank installation, operation, maintenance, leak detection, and corrective action. When a release is suspected or confirmed from a UST system, the NDDEQ requires specific steps to be taken. These steps typically involve immediate notification, investigation to determine the extent of contamination, and the implementation of a corrective action plan. The corrective action plan aims to mitigate risks to human health and the environment. The NDDEQ reviews and approves these plans, ensuring they meet state and federal standards. The process emphasizes a tiered approach to investigation and remediation, with the goal of achieving regulatory closure once contamination levels are reduced to acceptable standards, often defined by risk-based corrective action principles. The specific requirements for reporting and corrective action are detailed in NDAC 33-24-05-13 and 33-24-05-14.

The North Dakota Department of Environmental Quality (NDDEQ) regulates underground storage tanks (USTs) to prevent contamination of soil and groundwater. The primary federal law governing USTs is the Resource Conservation and Recovery Act (RCRA), specifically Subtitle I. North Dakota has adopted and administers its own UST program, which must be at least as stringent as the federal program. A key aspect of this program is financial responsibility for cleanup and third-party liability. The NDDEQ requires owners and operators of petroleum USTs to demonstrate financial assurance. This assurance can be provided through various mechanisms, including insurance, a guarantee, a surety bond, a letter of credit, a trust fund, a fund established by a state, or an escrow account. The specific requirements for each mechanism are detailed in North Dakota Administrative Code (NDAC) Chapter 33-24-05. For a petroleum marketing firm with an average of more than 10,000 gallons per month sold in North Dakota, the minimum financial assurance requirement for corrective action and third-party liability is \$2 million per occurrence and \$1 million aggregate for petroleum marketing firms. However, for owners and operators of petroleum USTs who are not marketers, or who are marketers selling less than 10,000 gallons per month, the requirement is \$1 million per occurrence and \$1 million aggregate. In this scenario, the facility is a petroleum marketing firm selling an average of 25,000 gallons per month. Therefore, it falls under the higher financial assurance requirement. The question asks for the minimum financial assurance for corrective action per occurrence. This amount is \$2 million.

North Dakota’s approach to regulating underground storage tanks (USTs) is primarily governed by the North Dakota Department of Environmental Quality (NDDEQ) under Chapter 33-20-01 of the North Dakota Administrative Code, which aligns with federal regulations under the Resource Conservation and Recovery Act (RCRA) Subtitle I. The core principle is to prevent the release of regulated substances into the environment, particularly groundwater, which is a critical resource in North Dakota. This involves stringent requirements for tank design, installation, operation, maintenance, and closure. For new UST systems, installation must be performed by certified installers. Regular inspections and leak detection monitoring are mandated to identify potential problems early. When a release is suspected or confirmed, specific notification and remediation procedures must be followed, as outlined in NDCC Chapter 61-28. The state offers a Petroleum Tank Release Compensation Board to assist eligible parties with cleanup costs, provided certain conditions and reporting timelines are met. The emphasis is on proactive prevention and prompt response to minimize environmental damage. The regulatory framework aims to balance economic activity with environmental protection, ensuring that industries utilizing USTs operate responsibly. The question focuses on the procedural and regulatory framework for managing USTs in North Dakota, highlighting the importance of compliance with state administrative codes and statutes for environmental protection.

The North Dakota Department of Environmental Quality (NDDEQ) oversees the regulation of underground storage tanks (USTs) to prevent contamination of soil and groundwater. The primary federal law governing USTs is the Resource Conservation and Recovery Act (RCRA), specifically Subtitle I, which establishes a comprehensive program for managing USTs. North Dakota has adopted and implemented its own state program that is, in many aspects, at least as stringent as the federal requirements. Key aspects of this program include technical standards for UST design and installation, leak detection requirements, financial responsibility for corrective actions, and operational controls. When a release is suspected or confirmed from a UST system, North Dakota regulations, consistent with federal guidance, mandate a systematic approach to investigation and remediation. This involves initial notification to the NDDEQ, followed by a site investigation to determine the extent and nature of contamination. If contamination is found, a corrective action plan must be developed and implemented to clean up the site to acceptable levels, often guided by risk-based corrective action principles. The NDDEQ reviews and approves these plans, ensuring they meet state standards for protecting human health and the environment. The concept of “substantial endangerment” is crucial in environmental law, indicating a situation where there is a reasonable basis to believe that a release or threatened release of a hazardous substance may present an imminent and substantial endangerment to public health or the environment. This triggers specific authorities for government agencies to take immediate action, including the ability to compel responsible parties to undertake necessary cleanup activities or to conduct cleanup themselves and recover costs.

The North Dakota Century Code, specifically Chapter 61-28, addresses water use and conservation. When considering the potential for a new agricultural operation in North Dakota that requires significant water withdrawal, understanding the permitting process under this chapter is crucial. The core principle is that all water resources in North Dakota are owned by the state and managed for the benefit of all citizens. Therefore, any entity seeking to divert or use water must obtain a permit from the State Water Commission. This permit process involves demonstrating a beneficial use of the water, which is a key legal standard. The application must detail the source of the water, the proposed method of withdrawal, the quantity of water to be used, and the intended purpose. Furthermore, the State Water Commission evaluates the application to ensure it does not impair existing water rights or negatively impact the environment or other users. The concept of “beneficial use” is broad but generally includes uses that are useful and valuable to the public, such as agriculture, industry, and domestic supply, provided they are reasonable and not wasteful. The question focuses on the initial procedural step for a new, large-scale water user in North Dakota, which is securing the legally mandated permit for water appropriation. This permit is the foundational legal authorization for water withdrawal under state law.

The North Dakota Department of Environmental Quality (ND DEQ) oversees the permitting and regulation of various industrial activities to protect the state’s natural resources. When a facility proposes an activity that may result in the discharge of pollutants into waters of the state, a permit is typically required. The process for obtaining such a permit involves several steps, including an application, public notice, and a review period. The Clean Water Act, as delegated and implemented by state programs, establishes the framework for this. Specifically, North Dakota’s administrative rules, such as those found in the North Dakota Century Code and North Dakota Administrative Code, detail the specific requirements for obtaining a permit for wastewater discharges. These rules often differentiate between types of discharges, potential impacts, and the level of detail required in the application. For instance, a permit for a new industrial facility that discharges process wastewater would generally undergo a more rigorous review than a permit for a municipal stormwater system, even though both involve discharges to state waters. The key is to assess the potential for significant environmental impact and ensure compliance with water quality standards. The ND DEQ’s role is to evaluate the proposed discharge against these standards and to impose conditions in the permit that will prevent pollution and protect aquatic life and human health. This includes specifying effluent limitations, monitoring requirements, and best management practices. The agency’s decision-making process is guided by statutory mandates and administrative rules designed to ensure environmental protection.

The North Dakota Department of Environmental Quality (NDDEQ) employs a tiered approach to addressing contaminated sites, prioritizing those posing the greatest risk to human health and the environment. The Remedial Action Plan (RAP) is a critical component of this process, outlining the strategies and methods for cleaning up a contaminated site. A RAP is developed after a Remedial Investigation (RI) has identified the nature and extent of contamination and a Feasibility Study (FS) has evaluated various cleanup technologies and approaches. The RAP itself details the selected remedy, including specific treatment technologies, performance standards, monitoring requirements, and a schedule for implementation. It is subject to public review and comment before final approval by the NDDEQ. The concept of “risk-based remediation” is central, meaning cleanup levels are determined by the actual or potential risk posed by the contaminants, rather than a one-size-fits-all cleanup standard. This allows for more cost-effective and technically feasible solutions that still protect public health and the environment. The NDDEQ’s oversight ensures that the chosen remedy is protective and effectively addresses the contamination according to state and federal regulations.

The North Dakota Century Code, specifically Chapter 61-28, addresses the regulation of underground storage tanks (USTs). This chapter, along with associated administrative rules, outlines the requirements for the installation, operation, maintenance, and closure of USTs to prevent groundwater contamination. A key component of this regulatory framework is the requirement for owners and operators to demonstrate financial responsibility for potential releases. This is often achieved through mechanisms such as insurance, trust funds, surety bonds, or letters of credit. The purpose of these financial assurance mechanisms is to ensure that funds are available to cover the costs of corrective action and third-party liability in the event of a release, thereby protecting the environment and public health in North Dakota. The specific requirements for demonstrating financial responsibility are detailed in North Dakota Administrative Code (NDAC) Chapter 33-20-02. The question focuses on the obligation to maintain proof of financial responsibility, which is a continuous requirement for regulated USTs.

North Dakota’s approach to regulating underground storage tanks (USTs) is primarily governed by the North Dakota Department of Environmental Quality (NDDEQ) under the authority of federal regulations like the Resource Conservation and Recovery Act (RCRA) and specific state statutes and administrative rules. The key administrative rules are found in Chapter 33-20-01 of the North Dakota Administrative Code, which details requirements for USTs, including installation, operation, maintenance, leak detection, and corrective action. When a release is suspected or confirmed from a UST system, the responsible party, typically the owner or operator, is obligated to undertake investigation and remediation. The NDDEQ oversees this process, ensuring compliance with established cleanup standards. These standards are often based on risk assessment and may involve a tiered approach to remediation, considering factors such as the type of contaminant, the affected media (soil, groundwater), and potential receptors. The goal is to protect human health and the environment. The process generally involves initial notification of a release, followed by an investigation to delineate the extent of contamination, and then the development and implementation of a corrective action plan. The NDDEQ reviews and approves these plans, and monitors the progress of remediation activities. The financial responsibility for these actions typically rests with the UST owner or operator, although state-level programs may offer some financial assistance or trust funds for eligible cleanups. The specific actions required depend on the nature and severity of the release and the site-specific conditions.

The North Dakota Department of Environmental Quality (NDDEQ) regulates underground storage tanks (USTs) to prevent contamination of soil and groundwater. Under North Dakota Century Code (NDCC) Chapter 23-20.3, owners and operators of USTs are responsible for ensuring their systems meet stringent technical and operational standards. These standards include requirements for leak detection, corrosion protection, overfill prevention, and regular inspections. The NDDEQ has established specific rules, such as those found in North Dakota Administrative Code (NDAC) Article 33-21, which detail these requirements. A key aspect of compliance is the financial responsibility requirement, ensuring that owners and operators have the means to clean up releases and compensate third parties for damages. This financial assurance can be demonstrated through various mechanisms, including insurance, guarantees, or trust funds. In the scenario presented, the operator’s failure to maintain a valid insurance policy directly violates the financial responsibility provisions mandated by state and federal regulations, as well as the specific requirements outlined by the NDDEQ for UST management. This lapse in coverage means the operator cannot demonstrate the necessary financial capacity to address potential environmental liabilities associated with the UST, thereby putting them in violation of the law. The NDDEQ would typically issue a notice of violation and may impose penalties, including fines and operational restrictions, until compliance is achieved.

The North Dakota Department of Environmental Quality (NDDEQ) oversees the regulation of underground storage tanks (USTs) to prevent contamination of soil and groundwater. The primary federal law governing USTs is the Resource Conservation and Recovery Act (RCRA), specifically Subtitle I. North Dakota has adopted its own regulations that are often more stringent or specific to the state’s unique environmental conditions, such as its extensive agricultural lands and reliance on groundwater resources. When a UST owner or operator discovers a release, the immediate steps involve reporting the release to the NDDEQ within a specified timeframe, typically 24 hours for significant releases. Following reporting, the owner must take immediate corrective actions to stop the release and mitigate its spread. This often includes excavating contaminated soil and pumping out free product from the tank. The subsequent steps involve a thorough site investigation to delineate the extent of contamination and the development of a corrective action plan, which must be approved by the NDDEQ. This plan outlines the methods for remediation, such as soil vapor extraction, groundwater pump-and-treat, or in-situ treatment. The ultimate goal is to restore the affected environment to acceptable standards, often guided by risk-based corrective action principles that consider the current and potential future uses of the site and surrounding areas. The NDDEQ’s role is to ensure compliance with these requirements and to oversee the cleanup process until closure is granted.

The North Dakota Century Code, specifically Title 61, Chapter 61-28, governs water pollution control. This chapter establishes the North Dakota Department of Environmental Quality (NDDEQ) as the primary agency responsible for administering and enforcing water quality standards and permits. The concept of “effluent limitation” refers to the maximum allowable discharge of a pollutant from a point source into the waters of the state. These limitations are typically established on a case-by-case basis, considering the best available technology economically achievable (BAT) for the specific industrial category, as well as the water quality standards of the receiving water body. The Clean Water Act, a federal law, also plays a significant role in state water quality management, with states typically authorized to implement its provisions. Therefore, when considering a permit for a new industrial facility in North Dakota that will discharge wastewater, the NDDEQ would assess the proposed discharge against established effluent limitations, which are derived from a combination of federal technology-based standards and state water quality objectives to protect the designated uses of the receiving waters, such as aquatic life or public drinking water supply. The permit would then specify the precise numerical limits for various pollutants that the facility must not exceed.

The North Dakota Department of Environmental Quality (ND DEQ) is responsible for implementing and enforcing federal environmental laws as well as state-specific regulations. The federal Clean Water Act (CWA) establishes a framework for regulating pollutant discharges into the waters of the United States and for regulating the quality of surface waters. In North Dakota, the state agency has primacy for administering the National Pollutant Discharge Elimination System (NPDES) program, which is a key component of the CWA. The question concerns the potential liability for discharges that violate NPDES permit conditions. Under the CWA, both civil and criminal penalties can be assessed for violations. Civil penalties are typically monetary fines. Criminal penalties can include fines and imprisonment, and are usually reserved for knowing or willful violations. The concept of “citizen suits” is also a significant aspect of the CWA, allowing private citizens to sue violators or government agencies for failure to perform a non-discretionary duty. However, the question specifically asks about the ND DEQ’s enforcement authority, which primarily involves issuing administrative orders, civil penalties, and referring cases for criminal prosecution. The authority to issue cease and desist orders is a common administrative tool for environmental agencies to immediately stop illegal discharges or activities. The ND DEQ, in its role as the state environmental agency, possesses the statutory authority to issue such orders to compel compliance with environmental laws and permit requirements. This authority is crucial for preventing ongoing environmental damage.

The North Dakota Department of Health and Environmental Control (NDDoH) has established stringent regulations for the management of hazardous waste, primarily governed by the North Dakota Administrative Code (NDAC) Chapter 33-20-01, which mirrors federal Resource Conservation and Recovery Act (RCRA) provisions. A key aspect of these regulations involves the proper identification and management of hazardous waste, particularly when waste streams are mixed. When a solid waste exhibits at least one characteristic of hazardous waste (ignitability, corrosivity, reactivity, or toxicity) or is listed as hazardous, it must be managed as hazardous waste. If a solid waste is mixed with a hazardous waste, the entire mixture is generally considered hazardous unless specific delisting or management-as-non-hazardous provisions apply. In North Dakota, as under RCRA, a generator is responsible for determining if their waste is hazardous. This determination is made by testing or applying knowledge of the process that generated the waste. If a waste is mixed with a hazardous waste, and the resulting mixture is then treated to remove the hazardous characteristics, the treated residue might be managed as non-hazardous if it no longer exhibits any hazardous characteristics and is not a listed hazardous waste. However, the initial act of mixing a solid waste with a hazardous waste typically renders the entire mixture hazardous, necessitating compliance with hazardous waste management standards until such a point that it can be definitively demonstrated to be otherwise through proper testing and regulatory approval, if applicable. The scenario describes a situation where a non-hazardous solid waste is mixed with a hazardous waste. Under North Dakota’s hazardous waste regulations, which align with federal RCRA principles, any solid waste that is mixed with a hazardous waste is considered to be a hazardous waste. This is often referred to as the “mixture rule.” Therefore, the entire resulting mixture must be managed in accordance with hazardous waste regulations. This includes proper storage, transportation, treatment, and disposal. The initial determination of hazardous waste status is critical for generators. If the waste stream was originally non-hazardous, but it is commingled with a waste that is classified as hazardous (either by characteristic or listing), the entire commingled waste stream inherits the hazardous designation. This principle ensures that hazardous constituents are not diluted or dispersed into non-hazardous waste streams without proper oversight and management.

The North Dakota Department of Environmental Quality (NDDEQ) oversees the regulation of underground storage tanks (USTs) to prevent petroleum and hazardous substance releases into the environment. The primary federal law governing USTs is the Resource Conservation and Recovery Act (RCRA), specifically Subtitle I. North Dakota has implemented its own state program, often authorized by the U.S. Environmental Protection Agency (EPA), which must meet or exceed federal requirements. Key aspects of these regulations include requirements for tank integrity, leak detection, financial responsibility, and corrective action. When a release is suspected or confirmed, a specific notification and investigation process is triggered. The NDDEQ’s Petroleum Tank Release Cleanup Fund (PTCR) provides financial assistance for the investigation and remediation of releases from regulated USTs, but eligibility and coverage are subject to specific criteria outlined in North Dakota Century Code (NDCC) Chapter 23-20.2 and associated administrative rules. These rules often detail the scope of eligible costs, the process for submitting claims, and the standards for cleanup. The scenario describes a release from a UST at a former gas station in Bismarck, North Dakota. The question asks about the initial regulatory step following the confirmation of a release. Upon confirmation of a release, the owner or operator is obligated to immediately notify the NDDEQ. This notification is the critical first step in the regulatory process, allowing the agency to oversee the subsequent investigation, containment, and remediation efforts. Failure to notify promptly can result in penalties. The PTCR fund becomes relevant for cost recovery after the initial notification and investigation phases are underway and specific eligibility requirements are met.

North Dakota’s Century Code, specifically Chapter 61-28, governs the protection of groundwater resources. This chapter establishes a framework for the state to manage and preserve its groundwater, recognizing its vital role in agriculture, industry, and public health. The North Dakota State Water Commission is the primary agency responsible for implementing and enforcing these provisions. Key aspects include the classification of groundwater based on its quality and potential uses, the permitting of activities that could impact groundwater, and the establishment of standards for well construction and abandonment. The law also addresses the prevention of contamination from various sources, including agricultural runoff, industrial discharges, and underground storage tanks. Remediation of contaminated groundwater is also a significant component, with provisions for identifying responsible parties and overseeing cleanup efforts. The overarching goal is to ensure the long-term availability and quality of groundwater for the benefit of current and future generations in North Dakota.

The North Dakota Department of Health and Environmental Control (NDDoH) oversees the state’s water quality programs. The Clean Water Act, a federal law, establishes the framework for regulating pollutant discharges into the nation’s waters and implementing water quality standards. In North Dakota, this is primarily managed through the State Water Pollution Control Act, which grants the NDDoH authority to issue permits and enforce regulations. Specifically, the National Pollutant Discharge Elimination System (NPDES) program, delegated to states, requires permits for any discharge of a pollutant from a point source into navigable waters. These permits, known as North Dakota Pollutant Discharge Elimination System (NDPDES) permits, set specific effluent limitations and other conditions to protect water quality. The concept of “total maximum daily load” (TMDL) is a key component of the Clean Water Act, identifying the maximum amount of a pollutant that a water body can receive from all sources without violating water quality standards. States are required to identify impaired waters and develop TMDLs for them. The question revolves around identifying the entity responsible for establishing these TMDLs in North Dakota, which is the state’s environmental regulatory agency.

The North Dakota Department of Environmental Quality (ND DEQ) oversees various environmental programs, including those related to hazardous waste management under the Resource Conservation and Recovery Act (RCRA). When a facility generates hazardous waste, it must determine if it qualifies as a small quantity generator (SQG) or a large quantity generator (LQG) based on the amount of hazardous waste generated per month. For SQGs, the limit is between 100 and 1,000 kilograms of hazardous waste per month, or less than 1 kilogram of acutely hazardous waste per month. LQGs generate 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acutely hazardous waste per month. Conditionally exempt small quantity generators (CESQGs), now often referred to as very small quantity generators (VSQGs), generate 100 kilograms or less of non-acute hazardous waste per month and less than 1 kilogram of acutely hazardous waste per month. In this scenario, the facility generates 800 kilograms of hazardous waste in January and 1,100 kilograms in February. Since the February generation exceeds the 1,000 kg threshold for LQGs, the facility is classified as an LQG for February and any subsequent months until it can demonstrate a consistent reduction in generation below the LQG threshold for a full calendar year. The key is that exceeding the LQG threshold for any month triggers LQG status for that month, and often subsequent months until a sustained period of lower generation is achieved, requiring compliance with the more stringent LQG regulations. Therefore, the facility’s status shifts to LQG in February.

The question pertains to the North Dakota Department of Environmental Quality’s (ND DEQ) authority and procedures concerning abandoned underground storage tanks (USTs) and associated contamination. Specifically, it tests the understanding of the state’s remedial action process and the legal framework governing the cleanup of petroleum-contaminated sites. North Dakota’s Brownfields Redevelopment Program, administered by the ND DEQ, provides a mechanism for addressing contaminated sites, including those with USTs. The state’s approach often involves a phased process, starting with site assessment and progressing to remedial action plans and site closure. Under North Dakota Century Code (NDCC) Chapter 23-20.3, which deals with petroleum tank cleanup, the state has established a framework for addressing releases from USTs. This framework includes provisions for cost recovery and the establishment of a petroleum tank fund. When a responsible party cannot be identified or is unable to undertake the cleanup, the ND DEQ is empowered to act. The process typically involves a preliminary assessment to determine the extent of contamination, followed by the development and implementation of a remedial action plan designed to protect human health and the environment. Site closure is granted upon successful completion of remediation and verification by the ND DEQ that the site meets applicable standards. The question requires knowledge of which state agency is primarily responsible for overseeing such cleanup activities and the general procedural steps involved in addressing abandoned UST contamination in North Dakota.

The question probes the understanding of the North Dakota Century Code concerning hazardous waste management, specifically focusing on the criteria for classifying a substance as a “hazardous waste” under the state’s regulatory framework, which often mirrors or supplements federal definitions under the Resource Conservation and Recovery Act (RCRA). North Dakota’s administrative rules, such as those found in the North Dakota Administrative Code (NDAC) Chapter 33-20-01, define hazardous waste based on characteristics like ignitability, corrosivity, reactivity, and toxicity, or if it is a listed hazardous waste. The scenario describes a byproduct from a chemical manufacturing process in North Dakota. To determine if this byproduct is a hazardous waste, one must assess if it exhibits any of the characteristic hazardous waste properties as defined by North Dakota law. The key is that the state’s definition, while often aligned with federal standards, may have specific nuances or additional classifications. Without specific testing data for the byproduct’s characteristics (ignitability, corrosivity, reactivity, toxicity), its classification as hazardous waste cannot be definitively established solely on its origin or the process it came from. However, if the byproduct meets the criteria for any of the defined hazardous waste characteristics, or if it is specifically listed by the North Dakota Department of Environmental Quality as a hazardous waste, then it would be subject to regulation as such. The presence of specific chemical compounds that are known to be toxic or reactive, as determined through laboratory analysis, would trigger the classification. Therefore, the determination hinges on the demonstrated properties of the waste material itself, as per the established regulatory definitions in North Dakota.

North Dakota’s Century Code, specifically Title 61, governs water resource management. When a proposed development in North Dakota might impact a navigable waterway, the developer must obtain a permit from the State Engineer’s office. This process involves demonstrating that the project will not unreasonably impair the public’s right to use the waterway for navigation, recreation, or other lawful purposes. The assessment considers factors such as the extent of the obstruction, the type of waterway, and the potential for alternative designs. If the State Engineer determines that the proposed activity would unreasonably impair public use, a permit would be denied. This aligns with the state’s commitment to protecting its water resources for present and future generations. The core principle is balancing economic development with the preservation of public trust rights in navigable waters.

The North Dakota Department of Health and Environmental Control (NDDoH) oversees the permitting and regulation of underground storage tanks (USTs) to prevent contamination of soil and groundwater. Under North Dakota Century Code (NDCC) Chapter 23-20.3, owners and operators of USTs are responsible for ensuring their systems meet specific design, installation, and operational standards. The regulations require that UST systems be protected from corrosion, have overfill and spill prevention equipment, and undergo regular inspections. If a release is suspected or confirmed, the owner or operator must immediately notify the NDDoH and undertake corrective action to remediate the contamination. The NDCC also outlines the state’s authority to take enforcement actions, including imposing penalties, for violations of UST regulations. The specific requirements for leak detection, secondary containment, and financial responsibility for cleanup are detailed in administrative rules promulgated by the NDDoH, which are consistent with federal EPA guidelines under Subtitle I of RCRA. The core principle is the prevention of releases and the prompt response and remediation if a release occurs, placing the primary burden of compliance and cleanup on the UST owner or operator.

The North Dakota Department of Environmental Quality (NDDEQ) oversees the regulation of underground storage tanks (USTs) to prevent contamination of soil and groundwater. The federal Resource Conservation and Recovery Act (RCRA) provides a framework for UST management, which North Dakota has adopted and supplemented with its own regulations. A key aspect of these regulations is the requirement for owners and operators to demonstrate financial responsibility for corrective actions and third-party liability in the event of a release. This demonstration is typically achieved through mechanisms such as insurance, surety bonds, trust funds, or a letter of credit. The specific amount of financial assurance required is subject to change based on federal and state guidelines, often tied to the potential costs of remediation and liability. For a facility with a single UST, the minimum financial assurance requirement for corrective action is generally \$1 million. For facilities with multiple USTs, the requirement is also \$1 million for corrective action, but there is an additional requirement for third-party liability. The third-party liability requirement is \$1 million per occurrence and \$2 million annual aggregate for petroleum marketers, and \$500,000 per occurrence and \$1 million annual aggregate for non-marketers. In this scenario, the facility is a petroleum marketer with multiple USTs. Therefore, the facility must demonstrate financial responsibility for corrective action up to \$1 million, and for third-party liability, it needs \$1 million per occurrence and \$2 million in annual aggregate. The question asks for the minimum financial assurance required for corrective action.

North Dakota’s approach to managing underground storage tanks (USTs) and their associated contamination is primarily governed by the North Dakota Department of Environmental Quality (NDDEQ). The state has specific regulations, often mirroring federal standards under the Resource Conservation and Recovery Act (RCRA) but with state-specific nuances. When a release from a UST is confirmed, the responsible party is typically obligated to undertake corrective action. This action involves investigation, assessment, and remediation of the contaminated soil and groundwater. The scope and methodology of the corrective action are subject to approval by the NDDEQ. The goal is to protect human health and the environment by bringing the site to a level of cleanup that meets state standards. This often involves a tiered approach to risk assessment and cleanup, where the extent of remediation depends on the nature of the contaminants, the pathways of exposure, and the intended future use of the property. The regulatory framework emphasizes prevention of releases through proper tank installation and maintenance, but also provides a structured process for addressing contamination when it occurs, including provisions for financial responsibility for cleanup.

The North Dakota Department of Environmental Quality (NDDEQ) regulates underground storage tanks (USTs) to prevent contamination of soil and groundwater. Under North Dakota Century Code (NDCC) Chapter 23-20.3, owners and operators of UST systems are responsible for ensuring their tanks meet specific design, installation, and operational standards. This includes requirements for leak detection, corrosion protection, and overfill prevention. When a release is suspected or confirmed, the NDDEQ mandates a corrective action process. This process typically involves investigation, risk assessment, and remediation. The specific corrective actions required depend on the nature and extent of the contamination, as well as the proximity to sensitive receptors like drinking water sources. NDCC 23-20.3-05 outlines the authority of the NDDEQ to establish rules for the management of USTs and to implement corrective actions. The NDDEQ’s rules, found in the North Dakota Administrative Code (NDAC) Article 33-21, further detail these requirements, including reporting timelines and acceptable remediation methods. The scenario presented involves a suspected release from a UST at a service station in North Dakota. The primary regulatory framework governing this situation is the NDCC and the corresponding NDAC rules for UST management. The owner’s obligation to report and undertake corrective action stems directly from these statutes and regulations. The NDDEQ’s role is to oversee this process, ensure compliance, and approve the remediation plan to protect public health and the environment.

The North Dakota Department of Environmental Quality (NDDEQ) oversees environmental regulations. When a new facility proposes to discharge wastewater into a navigable water body within North Dakota, it must obtain a National Pollutant Discharge Elimination System (NPDES) permit. This permit process is federally mandated under the Clean Water Act, but administered by the state NDDEQ. The permit specifies effluent limitations, monitoring requirements, and management practices to protect water quality. Public notice and opportunity for comment are integral parts of the NPDES permitting process, ensuring transparency and stakeholder involvement. This allows for public input on the proposed discharge and its potential environmental impacts, aligning with the principles of administrative law and environmental justice. The NDDEQ reviews these comments and may modify the permit accordingly. Failure to comply with the terms of an NPDES permit can result in enforcement actions, including civil penalties. Therefore, the initial step for any entity planning such a discharge is to engage with the NDDEQ regarding the NPDES permit application.

The North Dakota Department of Environmental Quality (NDDEQ) oversees the regulation of underground storage tanks (USTs) to prevent contamination of soil and groundwater. The primary federal law governing USTs is the Resource Conservation and Recovery Act (RCRA), specifically Subtitle I, which establishes requirements for leak detection, prevention, and corrective action. States are authorized to implement their own UST programs, provided they are at least as stringent as the federal requirements. North Dakota’s program, administered by the NDDEQ, mandates that owners and operators of USTs implement specific measures to manage these tanks. These measures include requirements for proper installation, regular inspections, record-keeping, and financial responsibility. The concept of “suspected release” is critical in triggering specific response actions. A suspected release is defined by regulatory agencies as an indication that a release may have occurred. Such indications can include unusual operating parameters, such as a significant difference between the amount of product dispensed and the amount in the tank (often referred to as a “water loss” or “inventory reconciliation discrepancy”), or the detection of petroleum hydrocarbons in nearby soil or groundwater. When a suspected release is identified, the UST owner or operator is required to conduct an investigation to confirm or deny the release. If a release is confirmed, then a formal corrective action process is initiated under the relevant state and federal regulations. This process involves reporting the release to the regulatory agency, developing a corrective action plan, and implementing measures to remediate the contamination. The specific thresholds for inventory discrepancies that trigger a suspected release investigation are often detailed in state-specific guidance or regulations, but the general principle is to act upon any credible indication of a release.