Bill Summary – FastDemocracy

0808.01000
     Sixty-sixth
     Legislative Assembly                    SENATE BILL NO. 2152
     of North Dakota
     Introduced by
       Senators Luick, Erbele, Klein
       Representatives D. Johnson, Pollert
  A BILL for an Act to amend and reenact sections 4.1-37-02, 4.1-37-03, and 4.1-37-04 of the
  North Dakota Century Code, relating to the licensing of anhydrous ammonia storage tanks and
  mobile storage containers.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 4.1-37-02 of the North Dakota Century Code is
  amended and reenacted as follows:
      4.1-37-02. DefinitionDefinitions.
      As used in this chapter, "anhydrousunless the context otherwise requires:
      1.   "Anhydrous ammonia storage facility" means a bulk anhydrous ammonia storage
          facility with a capacity exceeding six thousand gallons [22712.47 liters] which is owned
          or operated by a user or vendor of anhydrous ammonia.
     2.   "Mobile storage container" means a United States department of transportation class
          MC-331 cargo tank, or an American society of mechanical engineers code constructed
          and national board registered mobile storage container, approved by the United States
          department of transportation, used for the temporary storage of anhydrous ammonia
          to be downloaded into a nurse tank.
     SECTION 2. AMENDMENT. Section 4.1-37-03 of the North Dakota Century Code is
 amended and reenacted as follows:
     4.1-37-03. License required - Anhydrous ammonia facilities constructed after June 30,
 1985and mobile storage container.
     The owner or operator of an anhydrous ammonia storage facility or a mobile storage
 container shall apply to the agriculture commissioner and to the board of county commissioners
 for a license to site and operate the facility or mobile storage container. AnNeither an anhydrous
 ammonia storage facility nor mobile storage container may not be operated without a license
                                              Page No. 1                        19.0808.01000
     Sixty-sixth
     Legislative Assembly
  issued by the agriculture commissioner and the board of county commissioners of the county in
  which the facility is located. Any permanent anhydrous ammonia storage facility constructed
  before July 1, 1985, is exempt from the siting requirements of this chapter and may receive a
  license under this chapter regardless of noncompliance with the siting requirements. The
  commissioner or the board may deny a license for failure to remit the proper fee for failure to
  comply with the siting requirements of this chapter and rules adopted under this chapter if
  constructed after June 30, 1985, or for failure to comply with local siting requirements. The
  agriculture commissioner also may deny a license if the facility does not meet the initial
  inspection standards required by this chapter and by any rules adopted under this chapter. To
 obtain a license, an applicant shall submit with the application two sets of drawings or
 photographs showing, and two signed affidavits stating, the facility or mobile downloading site
 has been measured and meets the siting requirements. The drawings or photographs must
 show the proposed location of the tank and the surroundings in all directions. A set of drawings
 or photographs must be provided to the agriculture commissioner and a set must be provided to
 the board of county commissioners. An applicant for a mobile storage container license also
 shall submit a certification from the United States department of transportation.
     SECTION 3. AMENDMENT. Section 4.1-37-04 of the North Dakota Century Code is
 amended and reenacted as follows:
     4.1-37-04. State license fee.
     The agriculture commissioner shall charge a one-time twenty-five dollar fee for a private
 anhydrous ammonia storage facility or a mobile storage container license for each anhydrous
 ammonia storage facility and an additional one hundred dollars for each retail and storage site,
 and a one-time one hundred dollar fee for a retail anhydrous ammonia storage facility or a
 mobile storage container license. Expansion of an existing anhydrous ammonia storage facility
 does not require reapplication for licensing, but all siting requirements must be met. The license
 is valid indefinitely but may not be transferred. A new license is required when an anhydrous
 ammonia storage facility changes ownership.
                                               Page No. 2                        19.0808.01000
Statutes affected: 
INTRODUCED: 4.1-37-02, 4.1-37-03, 4.1-37-04
Enrollment: 4.1-37-02, 4.1-37-03, 4.1-37-04