Document Citation: N.D. Cent. Code, § 23-31-01

Header:
NORTH DAKOTA CENTURY CODE
TITLE 23 Health and Safety
CHAPTER 23-31 Environmental Emergency Costs

Date:
08/31/2009

Document:

23-31-01. Environmental emergency cost recovery.

Except as provided in section 23-20.3-11, 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.