Section 23.1-15-09 - Disposal services - Issuance of permits by department - Reimbursement of units of government and commercial towing services for costs1. The department may issue a permit to any qualified scrap iron processor desiring to provide its services under this section if the scrap iron processor meets the requirements of this chapter and chapter 23.1-08.2. A unit of government may use the services of any permitted scrap iron processor for collection, storage, incineration, volume reduction, transportation, or other services necessary to prepare abandoned motor vehicles, scrap tires, and scrap metal for recycling or other methods of disposal. A unit of government may authorize a permitted scrap iron processor to pay to the owner of any abandoned motor vehicle an incentive payment for the abandoned motor vehicle if it is voluntarily surrendered and delivered to the permitted scrap iron processor. A unit of government may authorize a permitted scrap iron processor to provide an incentive payment for scrap tires delivered to the permitted scrap iron processor. For purposes of this section, an owner of an abandoned motor vehicle is the person that owned and operated the vehicle for the person's personal or business use. 3. If a unit of government uses the services of a permitted scrap iron processor , the department may reimburse the unit of government for the costs incurred , including incentive payments .4. The department may reimburse a commercial towing service that is a permitted scrap iron processor in an amount determined by the department for towing , up to thirty days of storage charges , and disposal of an abandoned motor vehicle if the owner, lienholders, or secured parties of the abandoned motor vehicle cannot be identified with reasonable certainty after a search of the department of transportation records and publication as provided in subsection 2 of section 23.1-15-05.5. The department may remove any submerged vehicle: a. Immediately, if the owner, lienholders, or secured parties cannot be identified. The department may use a commercial towing service that is a permitted scrap iron processor to extract, tow, and dispose of a submerged vehicle.b. Upon the owner's stated refusal to remove the submerged vehicle or after thirty days from the submerged vehicle entering the water or being discovered in the water if the owner, lienholders, or secured parties are identified after a search of the department of transportation records. The department may use a commercial towing service that is a permitted scrap iron processor for extracting, towing, and disposal of a submerged vehicle. The department may seek reimbursement from the owner for any costs related to extracting, towing, and disposal of the submerged vehicle.6. The department may demand that a unit of government or a commercial towing service that is a permitted scrap iron processor dispose of abandoned motor vehicles, scrap tires, and scrap metal under the department's plan for solid waste disposal. If the unit of government or the commercial towing service fails to dispose of the abandoned motor vehicles, scrap tires, or scrap metal within one hundred eighty days of the demand, the department, on behalf of the unit of government, may use the services of any permitted scrap iron processor for such disposal.7. A reimbursement request must be made on a form available from the department and is subject to the limitations of legislative appropriations and the department's discretion.Amended by S.L. 2023 , ch. 258( SB 2118 ), § 7, eff. 4/13/2023.Amended by S.L. 2021 , ch. 213( SB 2098 ), § 4, eff. 8/1/2021.Added by S.L. 2017 , ch. 199( SB 2327 ), § 30, eff. 4/29/2019.