N.D. Admin. Code 33.1-04-01-03

Current through Supplement No. 395, January, 2025

Section 33.1-04-01-03 - Actions approvable for funding

The director shall approve any use of moneys from the environmental quality restoration fund. Approvable actions include:

1.Assessment. Assessment activities gather information about current conditions at a site.

2.Abatement. Abatement activities are conducted to reduce or remove environmental hazards at a subject site. Abatement activities may or may not remove all environmental hazards or contaminant sources. Disposal of waste materials is included in this action.

3.Contaminant source removal. Contaminant source removal involves the removal and disposal of a contaminant source. This may or may not remove all environmental hazards. Contaminant source removal is not likely to address existing contamination.

4.Emergency remedial efforts. Emergency remedial efforts are activities taken to address imminent danger or the threat of imminent danger.

5.Institutional controls. Institutional controls may be engineered systems, such as vapor mitigation systems, land use requirements through zoning or environmental covenants, or binding legal agreements that reduce the risk of human or environmental health being negatively impacted by contamination at a subject property.

6.Mitigation. Mitigation involves activities to avoid, reduce, or minimize environmental damage resulting from a release. These activities may be taken at the subject property or another property.

7.Monitoring. Monitoring involves collecting environmental data at a site over a period of time. Monitoring may be conducted to determine the effectiveness of remedial efforts, the effectiveness of institutional controls, and other activities. Monitoring activities may be conducted jointly, or in addition to, remediation or monitoring activities of responsible parties.

8.Remediation. Remediation involves all activities conducted to reduce, remove, or repair environmental contamination at a subject property. Disposal of contaminated media is included in this action.

N.D. Admin Code 33.1-04-01-03

Adopted by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.

General Authority: NDCC 23.1-10-03

Law Implemented: NDCC 23.1-10-02, 23.1-10-03