23.0855.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1302
of North Dakota
Introduced by
Representatives Schreiber-Beck, Beltz, Fisher, Kiefert
1 A BILL for an Act to amend and reenact sections 4.1-37-03 and 4.1-37-04 of the North Dakota
2 Century Code, relating to anhydrous ammonia facility applications.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 4.1-37-03 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 4.1-37-03. License required - Anhydrous ammonia facilities and mobile storage
7 container.
8 1. The owner or operator of an anhydrous ammonia storage facility or a mobile storage
9 container shall apply to the agriculture commissioner and to the board of county
10 commissioners for a license to site and operate the facility or mobile storage container.
11 Neither an anhydrous ammonia storage facility nor mobile storage container may be
12 operated without a license issued by the agriculture commissioner and the board of
13 county commissioners of the county in which the facility is located.
14 2. Any permanent anhydrous ammonia storage facility constructed before July 1, 1985, is
15 exempt from the siting requirements of this chapter and may receive a license under
16 this chapter regardless of noncompliance with the siting requirements.
17 3. The commissioner or the board may deny a license for failure:
18 a. Failure to remit the proper fee for failure;
19 b. Failure to comply with the siting requirements of this chapter and rules adopted
20 under this chapter if constructed after June 30, 1985, or for failure to comply with
21 local siting requirements. The agriculture commissioner also may deny a license
22 if the; and
23 c. The facility does notfailing to meet the initial inspection standards required by this
24 chapter and by any rules adopted under this chapter.
Page No. 1 23.0855.01000
Sixty-eighth
Legislative Assembly
1 4. To obtain a license, an applicant shall submit with the application two sets of drawings
2 or photographs showing, and twoa signed affidavitsaffidavit stating, the facility or
3 mobile downloading site has been measured and meets the siting requirements. The
4 drawings or photographs must show the proposed location of the tank and the
5 surroundings in all directions. A set of drawings or photographs must be provided to
6 the agriculture commissioner and a set must be provided to the board of county
7 commissioners.
8 5. An applicant for a mobile storage container license also shall submit a certification
9 from the United States department of transportation.
10 6. The agriculture commissioner shall provide the board of county commissioners, of the
11 county in which the facility is located, a written notification of intent to issue a storage
12 facility operator's license for a new proposed facility. The written notification must
13 include copies of the submitted application materials. Upon receipt of the notification,
14 the county has thirty days to request an allowance for a local zoning review. If a local
15 zoning review is requested, the agriculture commissioner shall allow the county sixty
16 days to complete the review and give written approval. If the county fails to respond
17 within the specified time frame the agriculture commissioner may issue a license. If the
18 county applies additional zoning requirements, the agriculture commissioner may
19 require compliance with local ordinance before issuing a license.
20 SECTION 2. AMENDMENT. Section 4.1-37-04 of the North Dakota Century Code is
21 amended and reenacted as follows:
22 4.1-37-04. State license fee.
23 The agriculture commissioner shall charge a one-time twenty-five dollar fee for a private
24 anhydrous ammonia storage facility or a mobile storage container license, and a one-time
25 one hundred dollar fee for a retail anhydrous ammonia storage facility or a mobile storage
26 container license. Expansion of an existing anhydrous ammonia storage facility does not require
27 reapplication for licensing, but all siting requirements must be met. The license is valid
28 indefinitely but may not be transferred. A new license is required when an anhydrous ammonia
29 storage facility changes ownership. If a storage facility changes ownership, the agriculture
30 commissioner shall provide a written notification to the county when the commissioner issues a
31 license to the new owner.
Page No. 2 23.0855.01000
Statutes affected: INTRODUCED: 4.1-37-03, 4.1-37-04
FIRST ENGROSSMENT: 4.1-37-03, 4.1-37-04
Enrollment: 4.1-37-03, 4.1-37-04