North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2267 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	SENATE BILL NO. 2267
4		-	(Senators Myrdal, Klein, Magrum)
5		-	(Representatives K. Anderson, Koppelman)
6		-	AN ACT to create and enact a new chapter to title 23.1 of the North Dakota Century Code, relating to
7		-	onsite wastewater treatment systems; to amend and reenact sections 23-35-02 and 23-35-08 of
8		-	the North Dakota Century Code, relating to the powers and duties of the boards of health and
9		-	public health units; to repeal sections 23-35-02.2 and 23-35-02.3 of the North Dakota Century
10		-	Code, relating to the onsite wastewater recycling technical committee; to provide for a legislative
11		-	management report; to provide a penalty; and to provide an appropriation.
	1	+	25.0988.02003
	2	+	Title.03000
	3	+	Adopted by the House Energy and
	4	+	Natural Resources Committee
	5	+	Sixty-ninth
	6	+	April 11, 2025
	7	+	Legislative Assembly
	8	+	of North Dakota
	9	+	Introduced by
	10	+	Senators Myrdal, Klein, Magrum
	11	+	Representatives K. Anderson, Koppelman
	12	+	A BILL for an Act to create and enact three new sections to chapter 43-18a new chapter to
	13	+	title 23.1 of the North Dakota Century Code, relating to onsite wastewater treatment systems; to
	14	+	amend and reenact section 43-18-24sections 23-35-02 and 23-35-08 of the North Dakota
	15	+	Century Code, relating to onsite wastewater treatment system violationsthe powers and duties
	16	+	of the boards of health and public health units; to repeal sections 23-35-02.2 and 23-35-02.3 of
	17	+	the North Dakota Century Code, relating to the onsite wastewater recycling technical
	18	+	committee; to provide for a legislative management report; and to provide a penalty; and to
	19	+	provide an appropriation.
12	20		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
13		-	SECTION 1. AMENDMENT. Section 23-35-02 of the North Dakota Century Code is amended and
14		-	reenacted as follows:
	21	+	SECTION 1. AMENDMENT. Section 43-18-24 of the North Dakota Century Code is
	22	+	amended and reenacted as follows:
	23	+	43-18-24. Violation of chapter - Penalty.
	24	+	Any person that violates the state plumbing code adopted under section 43-18-09; violates
	25	+	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
	26	+	another person in a manner that is in violation of section 43-18-13, or installs or services an
	27	+	onsite wastewater sewage treatment system without being licensed under this chapter is guilty
	28	+	of a class B misdemeanor.
	29	+	SECTION 2. A new section to chapter 43-18 of the North Dakota Century Code is created
	30	+	and enacted as follows:
	31	+	Page No. 1 25.0988.02003
	32	+	ENGROSSED SENATE BILL NO. 2267
	33	+	FIRST ENGROSSMENT
	34	+	PROPOSED AMENDMENTS TO
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	55	+	Standards for onsite wastewater sewage treatment system installation, servicing,
	56	+	and inspection - Adoption of rules.
	57	+	1. The board shall establish rules relating to the permitting and licensing for onsite
	58	+	wastewater sewage treatment systems.
	59	+	2. The board shall establish standards and procedures for issuing, renewing, denying,
	60	+	suspending, or revoking a permit or license to install, service, or inspect an onsite
	61	+	wastewater sewage treatment system.
	62	+	3. Onsite wastewater sewage treatment system installation, servicing, and inspection
	63	+	must comply with the rules adopted by the board.
	64	+	4. The board may not contract with a local public health unit to inspect an onsite
	65	+	wastewater sewage treatment system.
	66	+	SECTION 3. A new section to chapter 43-18 of the North Dakota Century Code is created
	67	+	and enacted as follows:
	68	+	Appeal to department of environmental quality.
	69	+	An action of the board denying, modifying, or revoking a permit to install, service, or inspect
	70	+	a wastewater sewage treatment system or an action of the board denying or revoking a license
	71	+	may be appealed to the department of environmental quality by petition for review. The appeal
	72	+	must be filed with the department of environmental quality within ten days of receiving notice
	73	+	from the board. Upon receipt of the petition, the department of environmental quality shall
	74	+	review the appealed decision and if it appears the permit or license was not issued or the
	75	+	license was improperly revoked in accordance with the provisions of this chapter and rule
	76	+	adopted by the board, the department may issue the permit or license.
	77	+	SECTION 4. A new section to chapter 43-18 of the North Dakota Century Code is created
	78	+	and enacted as follows:
	79	+	License required.
	80	+	1. An individual may not engage in the business of installing or servicing an onsite
	81	+	wastewater sewage treatment system unless licensed by the board. To remain
	82	+	licensed in good standing, an installer shall comply with this chapter and any rules
	83	+	adopted by the board.
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	115	+	2. An individual is exempt from the licensing requirements of this chapter if the individual is
	116	+	installing an onsite wastewater sewage treatment system on the individual's premises for the
	117	+	individual's use.
	118	+	SECTION 1. AMENDMENT. Section 23-35-02 of the North Dakota Century Code is
	119	+	amended and reenacted as follows:
15	120		23-35-02. Public health units - Core functions.
16	121		1.All land in the state must be in a public health unit.
17	122		2.At a minimum, a public health unit shall provide the following core functions:
18	123		a.Communicable disease control, which must include:
19		-	(1)Conducting of disease surveillance for the purpose of preventing and ~~controlling~~
20		-	communicable disease, with assistance from the department.
	124	+	(1)Conducting of disease surveillance for the purpose of preventing and
	125	+	controlling communicable disease, with assistance from the department.
21	126		(2)Assurance of the availability of community-based programs to provide
22	127		communicable disease prevention and control services.
23		-	(3)Recognition, identification, and response to a communicable disease event, in
24		-	collaboration with the department.
25		-	b.Chronic disease and injury prevention, which must include conducting programs to
26		-	reduce the burden of chronic disease and injury through policy, system, and
	128	+	(3)Recognition, identification, and response to a communicable disease event,
	129	+	in collaboration with the department.
	130	+	b.Chronic disease and injury prevention, which must include conducting programs
	131	+	to reduce the burden of chronic disease and injury through policy, system, and
27	132		environmental change approach; prevention screening; and education.
28	133		c.Environmental public health, which must include:
29		-	(1)Prevention of environmental hazards by the provision of information and ~~education~~
30		-	to facility operators and managers and to community members.
	134	+	(1)Prevention of environmental hazards by the provision of information and
	135	+	education to facility operators and managers and to community members.
31	136		(2)Assurance of the availability of environmental health services to prevent and
32	137		respond to community and residential environmental hazards.
33		-	(3)Permitting and inspections of onsite wastewater treatment systems in accordance
34		-	with section 3 of this Act. A public health unit shall conduct a required in-person or
35		-	virtual inspection of an onsite wastewater system within one business day of
36		-	receiving the request for the inspection. A public health unit may enter a cooperative
37		-	agreement with a county or city for the permitting and inspection of onsite
38		-	wastewater treatment systems within the boundaries of the county or city. A
39		-	cooperative agreement may be terminated as provided in the agreement, by joint
40		-	action of all parties, or by an individual party no less than one year after providing
41		-	written notice to the other party. S. B. NO. 2267 - PAGE 2
	138	+	(3) Permitting and inspections of onsite wastewater treatment systems in
	139	+	accordance with section 3 of this Act. A public health unit shall conduct a
	140	+	required in-person or virtual inspection of an onsite wastewater system
	141	+	within one business day of receiving the request for the inspection. A public
	142	+	health unit may enter a cooperative agreement with a county or city for the
	143	+	permitting and inspection of onsite wastewater treatment systems within the
	144	+	boundaries of the county or city. A cooperative agreement may be
	145	+	terminated as provided in the agreement, by joint action of all parties, or by
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	179	+	an individual party no less than one year after providing written notice to the
	180	+	other party.
42	181		d.Maternal, child, and family health, which must include:
43		-	(1)Assessment and monitoring of maternal and child health status to identify ~~and~~
44		-	address problems.
45		-	(2)Implementation of programs to promote the health of women, children, and ~~youth,~~
46		-	and their families, through policy, system, and environmental change ~~approaches;~~
47		-	prevention screenings; and education.
	182	+	(1)Assessment and monitoring of maternal and child health status to identify
	183	+	and address problems.
	184	+	(2)Implementation of programs to promote the health of women, children, and
	185	+	youth, and their families, through policy, system, and environmental change
	186	+	approaches; prevention screenings; and education.
48	187		e.Access to clinical care, which must include:
49		-	(1)Collaboration with health care system partners to foster access to clinical care.
50		-	(2)Facilitation of linkages and referrals for appropriate clinical care, services, and
51		-	resources.
52		-	SECTION 2. AMENDMENT. Section 23-35-08 of the North Dakota Century Code is amended and
53		-	reenacted as follows:
	188	+	(1)Collaboration with health care system partners to foster access to clinical
	189	+	care.
	190	+	(2)Facilitation of linkages and referrals for appropriate clinical care, services,
	191	+	and resources.
	192	+	SECTION 2. AMENDMENT. Section 23-35-08 of the North Dakota Century Code is
	193	+	amended and reenacted as follows:
54	194		23-35-08. Boards of health - Powers and duties.
55		-	Except when in conflict with a local ordinance or a civil service rule within a board of ~~health's~~
56		-	jurisdiction, or a tribal code, ordinance, or policy, each board of health:
	195	+	Except when in conflict with a local ordinance or a civil service rule within a board of
	196	+	health's jurisdiction, or a tribal code, ordinance, or policy, each board of health:
57	197		1.Shall keep records and make reports required by the department.
58	198		2.Shall prepare and submit a public health unit budget.
59		-	3.Shall audit, allow, and certify for payment expenses incurred by a board of health in ~~carrying~~
60		-	into effect this chapter.
61		-	4.May accept and expend any gift, grant, donation, or other contribution offered to aid in ~~the~~
62		-	work of the board of health or public health unit.
63		-	5.May make rules regarding any nuisance, source of filth, and any cause of sickness ~~which are~~
64		-	necessary for public health and safety, except rules regarding the licensing ~~of onsite~~
65		-	wastewater treatment system installers.
	199	+	3.Shall audit, allow, and certify for payment expenses incurred by a board of health in
	200	+	carrying into effect this chapter.
	201	+	4.May accept and expend any gift, grant, donation, or other contribution offered to aid in
	202	+	the work of the board of health or public health unit.
	203	+	5.May make rules regarding any nuisance, source of filth, and any cause of sickness
	204	+	which are necessary for public health and safety, except rules regarding the licensing
	205	+	of onsite wastewater treatment system installers.
66	206		6.May establish by rule a schedule of reasonable fees that may be charged for services
67		-	rendered. Services may not be withheld due to an inability to pay any fees established under
68		-	this subsection. If a tribal board of health establishes fees for services rendered, the fees may
69		-	not exceed the highest corresponding fee of any of the public health units that border the tribal
70		-	public health unit.
71		-	7.May make rules in a health district or county public health department, as the case may be,
72		-	and in the case of a city public health department may recommend to the city's governing
73		-	body ordinances for the protection of public health and safety.
74		-	8.May adopt confinement, decontamination, and sanitary measures in compliance with chapter
75		-	23-07.6 which are necessary when an infectious or contagious disease exists.
	207	+	rendered. Services may not be withheld due to an inability to pay any fees established
	208	+	under this subsection. If a tribal board of health establishes fees for services rendered,
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	241	+	the fees may not exceed the highest corresponding fee of any of the public health
	242	+	units that border the tribal public health unit.
	243	+	7.May make rules in a health district or county public health department, as the case
	244	+	may be, and in the case of a city public health department may recommend to the
	245	+	city's governing body ordinances for the protection of public health and safety.
	246	+	8.May adopt confinement, decontamination, and sanitary measures in compliance with
	247	+	chapter 23-07.6 which are necessary when an infectious or contagious disease exists.
76	248		9.May make and enforce an order in a local matter if an emergency exists.
77	249		10.May inquire into any nuisance, source of filth, or cause of sickness.
78		-	11.Except in the case of an emergency, may conduct a search or seize material located on
79		-	private property to ascertain the condition of the property as the condition relates to ~~public~~
80		-	health and safety as authorized by an administrative search warrant issued ~~under chapter~~
81		-	29-29.1. ~~S. B. NO. 2267 - PAGE 3~~
82		-	12.May abate or remove any nuisance, source of filth, or cause of sickness when ~~necessary to~~
83		-	protect the public health and safety.
84		-	13.May supervise any matter relating to preservation of life and health of individuals, ~~including the~~
85		-	supervision of any water supply and sewage system.
86		-	14.May isolate, kill, or remove any animal affected with a contagious or infectious disease ~~if the~~
87		-	animal poses a material risk to human health and safety.
	250	+	11.Except in the case of an emergency, may conduct a search or seize material located
	251	+	on private property to ascertain the condition of the property as the condition relates to
	252	+	public health and safety as authorized by an administrative search warrant issued
	253	+	under chapter 29-29.1.
	254	+	12.May abate or remove any nuisance, source of filth, or cause of sickness when
	255	+	necessary to protect the public health and safety.
	256	+	13.May supervise any matter relating to preservation of life and health of individuals,
	257	+	including the supervision of any water supply and sewage system.
	258	+	14.May isolate, kill, or remove any animal affected with a contagious or infectious disease
	259	+	if the animal poses a material risk to human health and safety.
88	260		15.Shall appoint a local health officer.
89	261		16.May employ any person necessary to effectuate board rules and this chapter.
90		-	17.If a public health unit is served by a part-time local health officer, the board of health ~~may~~
91		-	appoint an executive director. An executive director is subject to removal for ~~cause by the~~
92		-	board of health. The board of health may assign to the executive director ~~the duties of the~~
93		-	local health officer, and the executive director shall perform these ~~duties under the direction of~~
94		-	the local health officer.
95		-	18.May contract with any person to provide the services necessary to carry out the ~~purposes of~~
96		-	the board of health.
97		-	19.Shall designate the location of a local health officer's office and shall furnish the office ~~with~~
98		-	necessary equipment.
	262	+	17.If a public health unit is served by a part-time local health officer, the board of health
	263	+	may appoint an executive director. An executive director is subject to removal for
	264	+	cause by the board of health. The board of health may assign to the executive director
	265	+	the duties of the local health officer, and the executive director shall perform these
	266	+	duties under the direction of the local health officer.
	267	+	18.May contract with any person to provide the services necessary to carry out the
	268	+	purposes of the board of health.
	269	+	19.Shall designate the location of a local health officer's office and shall furnish the office
	270	+	with necessary equipment.
99	271		20.May provide for personnel the board of health considers necessary.
100		-	21.Shall set the salary of the local health officer, the executive director, and any assistant local
101		-	health officer and shall set the compensation of any other public health unit personnel.
102		-	22.Shall pay for necessary travel of the local health officer, the local health officer's assistants,
103		-	and other personnel in the manner and to the extent determined by the board.
104		-	SECTION 3. A new chapter to title 23.1 of the North Dakota Century Code is created and enacted
105		-	as follows:
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	305	+	21.Shall set the salary of the local health officer, the executive director, and any assistant
	306	+	local health officer and shall set the compensation of any other public health unit
	307	+	personnel.
	308	+	22.Shall pay for necessary travel of the local health officer, the local health officer's
	309	+	assistants, and other personnel in the manner and to the extent determined by the
	310	+	board.
	311	+	SECTION 3. A new chapter to title 23.1 of the North Dakota Century Code is created and
	312	+	enacted as follows:
106	313		Definitions.
107	314		For the purposes of this chapter:
108	315		1. "Department" means the department of environmental quality.
109		-	2."Install" means to place or replace a part of an onsite waster treatment system, ~~whether new~~
110		-	or existing, to make it ready for use.
111		-	3."License" means authorization by the department for an individual to engage in the ~~business~~
112		-	of installing an onsite wastewater treatment system.
113		-	4."Onsite wastewater treatment system" means a wastewater treatment system or part ~~thereof,~~
114		-	serving a dwelling or building, or group thereof, which uses soil treatment and ~~disposal. The~~
115		-	term commonly may be known as a septic system.
116		-	5."Permit" means authorization from a local public health unit or other political ~~subdivision to~~
117		-	install an onsite wastewater treatment system, in accordance with the ~~specific site and rules~~
118		-	adopted under this title.
	316	+	2. "Install" means to place or replace a part of an onsite waster treatment system,
	317	+	whether new or existing, to make it ready for use.
	318	+	3. "License" means authorization by the department for an individual to engage in the
	319	+	business of installing an onsite wastewater treatment system.
	320	+	4. "Onsite wastewater treatment system" means a wastewater treatment system or part
	321	+	thereof, serving a dwelling or building, or group thereof, which uses soil treatment and
	322	+	disposal. The term commonly may be known as a septic system.
	323	+	5. "Permit" means authorization from a local public health unit or other political
	324	+	subdivision to install an onsite wastewater treatment system, in accordance with the
	325	+	specific site and rules adopted under this title.
119	326		Septic systems - Authority.
120		-	1.Except as otherwise provided by law, the department has the exclusive authority to adopt
121		-	rules regarding licensing, permitting, and inspections of onsite wastewater treatment systems. S. B. NO. 2267 - PAGE 4
122		-	2.The department shall provide technical assistance and guidance to municipalities and local
123		-	public health units on all matters related to onsite wastewater treatment systems.
124		-	3.An ordinance enacted or adopted by a county or city in accordance with a home rule charter,
125		-	or an ordinance enacted or adopted by any other political subdivision, in conflict with a rule
126		-	adopted under this section is void.
	327	+	1. Except as otherwise provided by law, the department has the exclusive authority to
	328	+	adopt rules regarding licensing, permitting, and inspections of onsite wastewater
	329	+	treatment systems.
	330	+	2. The department shall provide technical assistance and guidance to municipalities and
	331	+	local public health units on all matters related to onsite wastewater treatment systems.
	332	+	3. An ordinance enacted or adopted by a county or city in accordance with a home rule
	333	+	charter, or an ordinance enacted or adopted by any other political subdivision, in
	334	+	conflict with a rule adopted under this section is void.
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127	367		Licensing.
128		-	1.An individual may not engage in the business of installing an onsite wastewater treatment
129		-	system unless the individual is licensed. To remain licensed in good standing, a licensee shall
130		-	comply with this chapter and any rules adopted under this title.
131		-	2.An individual is exempt from the licensing requirements of this chapter if the individual is
132		-	installing an onsite wastewater sewage treatment system on the individual's premises for the
133		-	individual's use.
134		-	3.The department shall establish rules for the issuance, expiration, and renewal of licenses.
	368	+	1. An individual may not engage in the business of installing an onsite wastewater
	369	+	treatment system unless the individual is licensed. To remain licensed in good
	370	+	standing, a licensee shall comply with this chapter and any rules adopted under this
	371	+	title.
	372	+	2. An individual is exempt from the licensing requirements of this chapter if the individual
	373	+	is installing an onsite wastewater sewage treatment system on the individual's
	374	+	premises for the individual's use.
	375	+	3. The department shall establish rules for the issuance, expiration, and renewal of
	376	+	licenses.
135	377		4. The department may revoke or suspend a license issued under this chapter if:
136		-	a.The licensee practices fraud or deception in obtaining the license or in the ~~individual's~~
137		-	performance of a licensed activity;
138		-	b.Reasonable care, judgment, or the application of the licensee's knowledge or ~~ability is~~
139		-	not used in the performance of the licensee's duties; or
140		-	c.The licensee violates a state or federal environmental law, rule, standard, or ~~permit when~~
141		-	performing a licensed activity.
142		-	5.A license may not be revoked or suspended except after a hearing before the director ~~of the~~
143		-	department, or the director's designated representative. If a license is ~~suspended or revoked,~~
144		-	a new application for licensure may be considered by the ~~department only after the conditions~~
145		-	causing the suspension or revocation have been ~~corrected, and evidence of this fact is~~
146		-	submitted to the satisfaction of the department.
	378	+	a. The licensee practices fraud or deception in obtaining the license or in the
	379	+	individual's performance of a licensed activity;
	380	+	b. Reasonable care, judgment, or the application of the licensee's knowledge or
	381	+	ability is not used in the performance of the licensee's duties; or
	382	+	c. The licensee violates a state or federal environmental law, rule, standard, or
	383	+	permit when performing a licensed activity.
	384	+	5. A license may not be revoked or suspended except after a hearing before the director
	385	+	of the department, or the director's designated representative. If a license is
	386	+	suspended or revoked, a new application for licensure may be considered by the
	387	+	department only after the conditions causing the suspension or revocation have been
	388	+	corrected, and evidence of this fact is submitted to the satisfaction of the department.
147	389		Standards for onsite wastewater treatment systems - Installation - Inspection.
148	390		1. The department shall establish rules relating to permitting onsite wastewater treatment
149	391		systems.
150	392		2. The department may prescribe by rule a process for obtaining variances for existing
151		-	nonconforming or nonfunctional onsite wastewater treatment systems. The process ~~shall~~
152		-	consider the:
	393	+	nonconforming or nonfunctional onsite wastewater treatment systems. The process
	394	+	shall consider the:
153	395		a. Environmental impact;
154	396		b. Impact to public health;
155	397		c. Cost of compliance; and
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156	431		d. Least restrictive means.
157		-	3.Onsite wastewater sewage treatment system installation and inspections must comply ~~with the~~
158		-	rules adopted in accordance with this title.
	432	+	3. Onsite wastewater sewage treatment system installation and inspections must comply
	433	+	with the rules adopted in accordance with this title.
159	434		Appeal to the department.
160		-	1.An action of a political subdivision denying, modifying, or revoking a permit to install an onsite
161		-	wastewater treatment system may be appealed to the department by petition for review. The S. B. NO. 2267 - PAGE 5
162		-	appeal must be filed with the department within ten days of receiving notice of the denial,
163		-	modification, or revocation.
164		-	2.Upon receipt of the petition, the department shall review the appealed decision and the
165		-	petition to determine whether the denial, modification, or revocation was made in accordance
166		-	with the provisions of this title and rules. The department shall provide its findings and
167		-	recommendation to the political subdivision, the licensed installer, and the owner of the
168		-	property where the proposed onsite wastewater treatment system is located.
	435	+	1. An action of a political subdivision denying, modifying, or revoking a permit to install an
	436	+	onsite wastewater treatment system may be appealed to the department by petition for
	437	+	review. The appeal must be filed with the department within ten days of receiving
	438	+	notice of the denial, modification, or revocation.
	439	+	2. Upon receipt of the petition, the department shall review the appealed decision and
	440	+	the petition to determine whether the denial, modification, or revocation was made in
	441	+	accordance with the provisions of this title and rules. The department shall provide its
	442	+	findings and recommendation to the political subdivision, the licensed installer, and the
	443	+	owner of the property where the proposed onsite wastewater treatment system is
	444	+	located.
169	445		Fees.
170		-	The department may provide for the payment and collection of reasonable fees for the issuance of
171		-	licenses for onsite wastewater system installers by rule. The license fees must be based on the
172		-	anticipated cost of filing and processing the application, taking action on the requested license, and
173		-	conducting an oversight program to determine compliance or noncompliance with the license. Any
174		-	moneys collected for licensing fees must be deposited in the department operating fund in the state
175		-	treasury and any expenditure from the fund is subject to appropriation by the legislative assembly.
	446	+	The department may provide for the payment and collection of reasonable fees for the
	447	+	issuance of licenses for onsite wastewater system installers by rule. The license fees must be
	448	+	based on the anticipated cost of filing and processing the application, taking action on the
	449	+	requested license, and conducting an oversight program to determine compliance or
	450	+	noncompliance with the license. Any moneys collected for licensing fees must be deposited in
	451	+	the department operating fund in the state treasury and any expenditure from the fund is subject
	452	+	to appropriation by the legislative assembly.
176	453		Enforcement.
177		-	1.An individual who violates a provision of this chapter or any rule, standard, order, or permit
178		-	condition adopted in accordance with this chapter is subject to a civil penalty not to exceed
179		-	twelve thousand five hundred dollars per violation.
180		-	2.An individual who willfully makes a false statement, false representation, or false certification
181		-	in an application, record, report, plan, or other applicable requirement implementing this
182		-	chapter or that falsifies, tampers with, or willfully renders inaccurate any monitoring device or
183		-	sample, is subject to a civil penalty not to exceed five thousand dollars per violation.
	454	+	1. An individual who violates a provision of this chapter or any rule, standard, order, or
	455	+	permit condition adopted in accordance with this chapter is subject to a civil penalty
	456	+	not to exceed twelve thousand five hundred dollars per violation.
	457	+	2. An individual who willfully makes a false statement, false representation, or false
	458	+	certification in an application, record, report, plan, or other applicable requirement
	459	+	implementing this chapter or that falsifies, tampers with, or willfully renders inaccurate
	460	+	any monitoring device or sample, is subject to a civil penalty not to exceed five
	461	+	thousand dollars per violation.
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184	495		Administrative procedure and judicial review.
185		-	1.A proceeding under this chapter to adopt or modify rules relating to licensing individuals for the
186		-	installation or servicing of onsite wastewater treatment systems, or for determining compliance
187		-	with rules of the department, must be conducted in accordance with the provisions of chapter
188		-	28-32.
189		-	2.An appeal of a decision issued under subsection 1, must be conducted in accordance with the
190		-	provisions of chapter 28-32.
191		-	SECTION 4. REPEAL. Sections 23-35-02.2 and 23-35-02.3 of the North Dakota Century Code are
192		-	repealed.
193		-	SECTION 5. APPROPRIATION - DEPARTMENT OF ENVIRONMENTAL QUALITY - ONE-TIME
194		-	FUNDING - REPORT. There is appropriated out of any moneys in the general fund in the state treasury,
195		-	not otherwise appropriated, the sum of $99,500, or so much of the sum as may be necessary, to the
196		-	department of environmental quality for the purpose of regulation of onsite wastewater treatment
197		-	systems, for the biennium beginning July 1, 2025, and ending June 30, 2027. The department shall
198		-	report to the legislative management prior to August 1, 2026. The appropriation in this section is
199		-	considered a one-time funding item. S. B. NO. 2267 - PAGE 6
200		-	____________________________ ____________________________
201		-	President of the Senate Speaker of the House
202		-	____________________________ ____________________________
203		-	Secretary of the Senate Chief Clerk of the House
204		-	This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
205		-	Dakota and is known on the records of that body as Senate Bill No. 2267.
206		-	Senate Vote:Yeas 41 Nays 5 Absent 1
207		-	House Vote: Yeas 82 Nays 10 Absent 2
208		-	____________________________
209		-	Secretary of the Senate
210		-	Received by the Governor at ________M. on _____________________________________, 2025.
211		-	Approved at ________M. on __________________________________________________, 2025.
212		-	____________________________
213		-	Governor
214		-	Filed in this office this ___________day of _______________________________________, 2025,
215		-	at ________ o’clock ________M.
216		-	____________________________
217		-	Secretary of State
	496	+	1. A proceeding under this chapter to adopt or modify rules relating to licensing
	497	+	individuals for the installation or servicing of onsite wastewater treatment systems, or
	498	+	for determining compliance with rules of the department, must be conducted in
	499	+	accordance with the provisions of chapter 28-32.
	500	+	2. An appeal of a decision issued under subsection 1, must be conducted in accordance
	501	+	with the provisions of chapter 28-32.
	502	+	SECTION 4. REPEAL. Sections 23-35-02.2 and 23-35-02.3 of the North Dakota Century
	503	+	Code are repealed.
	504	+	SECTION 5. APPROPRIATION - DEPARTMENT OF ENVIRONMENTAL QUALITY -
	505	+	ONE-TIME FUNDING - REPORT. There is appropriated out of any moneys in the general fund
	506	+	in the state treasury, not otherwise appropriated, the sum of $99,500, or so much of the sum as
	507	+	may be necessary, to the department of environmental quality for the purpose of regulation of
	508	+	onsite wastewater treatment systems, for the biennium beginning July 1, 2025, and ending
	509	+	June 30, 2027. The department shall provide a report to the legislative management prior to
	510	+	August 1, 2026. The appropriation in this section is considered a one-time funding item.
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