Section 33.1-35-01-21 - Reservation of rights1. Nothing in this chapter prohibits a political subdivision from requiring more assurances, guarantees, indemnity, or other contractual requirements from any party performing project work.2. Nothing in this chapter affects the department's right to take remedial action, including administrative enforcement action and actions for breach of contract against a political subdivision that fails to carry out its obligations under this chapter. Any remedial action contemplated by the department or its financial agent will be coordinated with the best interests of the state revolving fund.3. Review or approval of facility plans, design drawings and specifications, or other documents by or for the department, does not relieve the political subdivision of its responsibility to properly plan, design, build, and effectively operate and maintain the treatment works as required by state or federal law, permits, the loan agreement, and good management practices. The department is not responsible for increased costs resulting from defects in the plans, design drawings and specifications, or other subagreement documents.N.D. Admin Code 33.1-35-01-21
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 61-28.2-01; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.2-01; S.L. 2017, ch. 199, § 70