19.8089.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2108
of North Dakota
Introduced by
Energy and Natural Resources Committee
(At the request of the Department of Health)
1 A BILL for an Act to create and enact a new subsection to section 23.1-08-23 of the North
2 Dakota Century Code, relating to citizen suit and intervention; to amend and reenact section
3 23.1-08-04 of the North Dakota Century Code, relating to coal combustion residuals; to provide
4 a penalty; and to provide an effective date.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Section 23.1-08-04 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 23.1-08-04. Coal combustion residuesresiduals - Present use and disposal deemed
9 acceptable. (Contingent effective date - See note)
10 Notwithstanding any other provision of law, the legislative assembly deems the present use
11 and disposal of coal combustion residuesresiduals to be acceptable and that present regulation
12 allows for the beneficial use of coal combustion residuesresiduals in concrete, for other
13 construction applications, and for other innovative uses and allows for safe disposal without
14 coal combustion residuesresiduals being regulated as a hazardous waste. If a federal law or
15 regulation is adopted pertaining to the use and disposal of coal combustion residuesresiduals,
16 this section does not prohibit the state from seeking state primacy of the federal program.
17 SECTION 2. A new subsection to section 23.1-08-23 of the North Dakota Century Code is
18 created and enacted as follows:
19 The following citizen participation provisions apply to violations of this chapter relating
20 to coal combustion residuals or any permit condition, rule, order, limitation, or other
21 applicable requirement implementing this chapter relating to coal combustion
22 residuals:
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Legislative Assembly
1 a. A person having an interest that may be affected adversely by a violation of this
2 chapter may commence a civil action to compel compliance with this chapter, or
3 a rule, order, or permit issued under this chapter.
4 b. Notice of the violation must be given to the department and to an alleged violator
5 sixty days before commencement of a citizen suit brought under this subsection.
6 c. A person with an interest that may be affected adversely by a violation of this
7 chapter may intervene as a matter of right in a civil action brought by the
8 department to require compliance with this chapter.
9 SECTION 3. EFFECTIVE DATE. This Act is effective on August 1, 2019, if the Legislative
10 Council has received certification from the chief of the environmental health section of the state
11 department of health that all authority, powers, and duties from the environmental health section
12 of the state department of health have been transferred to the department of environmental
13 quality. If the certification in this section is not received by August 1, 2019, this Act is effective on
14 the date certification is received.
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Statutes affected:
INTRODUCED: 23.1-08-04
Enrollment: 23.1-08-04