25.0988.01001
Title.02000
Adopted by the Agriculture and
Veterans Affairs Committee
Sixty-ninth
February 20, 2025
Legislative Assembly
of North Dakota
Introduced by
Senators Myrdal, Klein, Magrum
Representatives K. Anderson, Koppelman
A BILL for an Act to create and enact three new sections to chapter 43-18 of the North Dakota
Century Code, relating to onsite wastewater treatment systems; to amend and reenact sections
23-35-02 andsection 43-18-24 of the North Dakota Century Code, relating to the core functions
of public health units and onsite wastewater treatment system violations; to repeal sections
23-35-02.2 and 23-35-02.3 of the North Dakota Century Code, relating to the onsite wastewater
recycling technical committee; and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 23-35-02 of the North Dakota Century Code is
amended and reenacted as follows:
23-35-02. Public health units - Core functions.
1. All land in the state must be in a public health unit.
2. At a minimum, a public health unit shall provide the following core functions:
a. Communicable disease control, which must include:
(1) Conducting of disease surveillance for the purpose of preventing and
controlling communicable disease, with assistance from the department.
(2) Assurance of the availability of community-based programs to provide
communicable disease prevention and control services.
(3) Recognition, identification, and response to a communicable disease event,
in collaboration with the department.
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SENATE BILL NO. 2267
PROPOSED AMENDMENTS TO
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b. Chronic disease and injury prevention, which must include conducting programs
to reduce the burden of chronic disease and injury through policy, system, and
environmental change approach; prevention screening; and education.
c. Environmental public health, which must include:
(1) Prevention of environmental hazards by the provision of information and
education to facility operators and managers and to community members.
(2) Assurance of the availability of environmental health services to prevent and
respond to community and residential environmental hazards.
d. Maternal, child, and family health, which must include:
(1) Assessment and monitoring of maternal and child health status to identify
and address problems.
(2) Implementation of programs to promote the health of women, children, and
youth, and their families, through policy, system, and environmental change
approaches; prevention screenings; and education.
e. Access to clinical care, which must include:
(1) Collaboration with health care system partners to foster access to clinical
care.
(2) Facilitation of linkages and referrals for appropriate clinical care, services,
and resources.
3. A public health unit may not engage in activities relating to the regulation of an onsite
wastewater sewage treatment system or wastewater disposal system, including:
a. Issuing an installer certificate or license;
b. Issuing a permit for a system;
c. Inspecting a system; and
d. Overseeing the installation or servicing of a system.
SECTION 1. AMENDMENT. Section 43-18-24 of the North Dakota Century Code is
amended and reenacted as follows:
43-18-24. Violation of chapter - Penalty.
Any person that violates the state plumbing code adopted under section 43-18-09; violates
section 43-18-10, 43-18-11, 43-18-11.4, 43-18-17.2, or 43-18-23; or works under the license of
another person in a manner that is in violation of section 43-18-13, or installs or services an
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onsite wastewater sewage treatment system without being licensed under this chapter is guilty
of a class B misdemeanor.
SECTION 2. A new section to chapter 43-18 of the North Dakota Century Code is created
and enacted as follows:
Standards for onsite wastewater sewage treatment system installation, servicing,
and inspection - Adoption of rules.
1.The board shall establish rules relating to the permitting and licensing for onsite
wastewater sewage treatment systems.
2.The board shall establish standards and procedures for issuing, renewing, denying,
suspending, or revoking a permit or license to install, service, or inspect an onsite
wastewater sewage treatment system.
3.Onsite wastewater sewage treatment system installation, servicing, and inspection
must comply with the rules adopted by the board.
4.The board may not contract with a local public health unit to inspect an onsite
wastewater sewage treatment system.
SECTION 3. A new section to chapter 43-18 of the North Dakota Century Code is created
and enacted as follows:
Appeal to department of environmental quality.
An action of the board denying, modifying, or revoking a permit to install, service, or inspect
a wastewater sewage treatment system or an action of the board denying or revoking a license
may be appealed to the department of environmental quality by petition for review. The appeal
must be filed with the department of environmental quality within ten days of receiving notice
from the board. Upon receipt of the petition, the department of environmental quality shall
review the appealed decision and if it appears the permit or license was not issued or the
license was improperly revoked in accordance with the provisions of this chapter and rule
adopted by the board, the department may issue the permit or license.
SECTION 4. A new section to chapter 43-18 of the North Dakota Century Code is created
and enacted as follows:
License required.
1.An individual may not engage in the business of installing or servicing an onsite
wastewater sewage treatment system unless licensed by the board. To remain
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licensed in good standing, an installer shall comply with this chapter and any rules
adopted by the board.
2.An individual is exempt from the licensing requirements of this chapter if the individual
is installing an onsite wastewater sewage treatment system on the individual's
premises for the individual's use.
SECTION 5. REPEAL. Sections 23-35-02.2 and 23-35-02.3 of the North Dakota Century
Code are repealed.
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