1.    A person engaging in the business of servicing septic systems must have a permit issued by the department and must comply with the conditions imposed by the permit.

Terms Used In North Dakota Code 61-28-04.1

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

2.    The department shall administer and enforce a permitting program for septic system servicers and has the following powers and duties:

a.    To require training of and to examine septic system servicers and their employees; b.    To establish standards and procedures for permitting of septic system servicers; c.    To issue permits to all applicants who satisfy the requirements for certification under this section and any rules under this section, to renew permits, and to suspend or revoke permits for cause after notice and opportunity for hearing; d.    To establish reasonable fees for permitting septic system servicers, however the department may not establish or charge a permit or renewal fee for a plumber licensed under chapter 43-18 who operates no more than one servicing unit;    e.    To establish criteria for the sanitary management of septage, including standards for the transportation, treatment, and disposal of septage; f.    To require preapproval of land application sites; g.    To require recordkeeping and reporting; h.    To require spill reporting, corrective action, and evidence of financial responsibility; and

i.    To adopt and enforce rules as necessary for implementation of this section.

3.    In adopting its rules the department shall apply different standards based on the size of the septic system servicer, on the type of the service provided, quantity of septage handled, and number of units. The department may not require preapproval of a land application site for an application from a rural single-family residence on property owned or leased by the owner or lessee of the single-family residence.

4.    The department may inspect all septic system servicing activities, including records, equipment, and disposal sites at all reasonable times to ensure compliance with the laws of this state. Nothing in this section removes the duty of any person to comply with applicable public health standards.

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