25.0988.02000
Sixty-ninth
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 section
43-18-24 of the North Dakota Century Code, relating to 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 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
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.
Page No. 1 25.0988.02000
ENGROSSED SENATE BILL NO. 2267
FIRST ENGROSSMENT
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20 Sixty-ninth
Legislative Assembly
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
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.
Page No. 2 25.0988.02000
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