N.D. Admin. Code 33.1-15-16-04
An odor measurement may be taken only with a properly maintained scentometer, by an odor panel, or by another instrument or method approved by the department, and only by inspectors certified by the department who have successfully completed a department-sponsored odor certification course and demonstrated the ability to distinguish various odor samples and concentrations. If a certified inspector measures a violation of this chapter, the department may send a certified letter of apparent noncompliance to the person causing the apparent violation and may negotiate with the owner or operator for the establishment of an odor management plan and best management practices to address the apparent violation. The department shall give the owner or operator at least fifteen days to implement the odor management plan. If the odor problem persists, the department may proceed with an enforcement action provided at least two certified inspectors at the same time each measure a violation and then confirm the violation by a second odor measurement taken by each certified inspector, at least fifteen minutes, but no more than two hours, after the first measurement. In the case of hydrogen sulfide (H2S) emissions, an ambient air analyzer designed for monitoring hydrogen sulfide (H2S) must be the method used for determining the concentrations of emissions at the point of measurement, or other instrumental methods as approved by the department.
N.D. Admin Code 33.1-15-16-04
General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 21