Section 7-12-01-03 - Administration and enforcement1. The administration and enforcement of North Dakota Century Code chapter 4.1-37 and this chapter is the responsibility of the agriculture commissioner.2. The agriculture commissioner shall conduct initial and periodic inspection of anhydrous ammonia storage facilities to verify compliance with this chapter and any rules adopted under this chapter.3. Owners, users, or vendors of new installations made will not be issued an operator's license until the completed anhydrous ammonia storage facility site has been inspected by the agriculture commissioner and complies with this chapter and North Dakota Century Code chapter 4.1-37.4. Owners, users, or vendors of anhydrous ammonia must notify the agriculture commissioner of storage containers to be used in North Dakota or brought into the state for temporary purposes.5. Containers found, after inspection, to be defective or otherwise unsafe to operate, or disqualified by legal requirements, must be rejected by the agriculture commissioner, who may order the container immediately depressurized and taken out of service.6. Defective conditions not posing an immediate hazard, noted during initial and periodic inspections, must be corrected in a timely manner. The time allowed for corrections to take place will be at the discretion of the agriculture commissioner.7. Operating licenses must be posted in a conspicuous place at the plant or office of the owner, user, or vendor and available for inspection during regular business hours.8. Anyone spilling one hundred pounds [45.36 kilograms] or more of anhydrous ammonia must report this as soon as possible to the national response center at 1-800-424-8802, to the North Dakota department of emergency services at 701-328-9921, and to the appropriate county emergency manager.9. The agriculture commissioner may require compliance with any local siting requirements for the issuance or maintenance of an operating license.N.D. Admin Code 7-12-01-03
Effective July 1, 1996; amended effective April 1, 2013.Amended byAdministrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.General Authority: NDCC 4.1-37-01
Law Implemented: NDCC 4.1-37-01