Document Citation: N.D. Cent. Code, § 18-01-34

Header:
NORTH DAKOTA CENTURY CODE
TITLE 18 Fires
CHAPTER 18-01 State Fire Marshal Department

Date:
08/31/2009

Document:

18-01-34. Disclosure of information concerning toxic or hazardous substances -- List to state fire marshal and local fire departments -- Exceptions -- Availability of information restricted -- Penalty.

Every person who produces, either as a direct or indirect result of conducting the production of goods or services, routinely stores, or sells a hazardous substance in this state shall submit to the state fire marshal and to the fire department in the fire district in which is located a facility owned and operated by the person, a list of hazardous substances that are consistently generated by, used by, stored at, or transported from the facility. As used in this section, "hazardous substance" means a chemical or substance or mixture of chemicals and substances which is defined as a hazardous substance under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [Pub. L. 96-510], as amended, and meets or exceeds the listed reportable quantity for that substance. As used in this section, "facility" means any building or other structure or place where hazardous substances are used, manufactured, or stored, and includes areas where hazardous substances are handled, mixed, processed, packaged, or repackaged. The information must be provided in sufficient specificity, in accordance with rules adopted by the state fire marshal, that the state fire marshal and the local fire departments are informed of the nature of the hazardous substances, the hazards presented by the hazardous substances, and the appropriate response in dealing with an emergency involving the hazardous substances. The state fire marshal shall by rule except persons from the requirements of this section when the persons do not generate, use, store, or transport sufficient amounts of hazardous substances to create a significant threat to public safety. Persons who have copies of emergency response plans meeting the requirements of the federal Resource Conservation and Recovery Act of 1976 on file with the state fire marshal and the local fire district must be deemed to be in compliance with the requirements of this section. The state fire marshal and local fire departments receiving information under this section may make the information received available only to other governmental emergency response departments. Any person who violates this section is guilty of a class B misdemeanor.