23-19 Cesspools, Septic Tanks, Privies - Regulation
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<![CDATA[CHAPTER 23-19CESSPOOLS, SEPTIC TANKS, PRIVIES - REGULATION23-19-01.License and permit requirements.From and after the passage andapproval of this chapter no person, partnership, association, firm, corporation, or limited liability<br>company may engage for hire in the servicing activities listed below without first obtaining an<br>annual license as provided by this chapter:1.Cleaning, pumping, and servicing cesspools, septic tanks, privies, chemical toilets,<br>or holding tanks.2.Transfer or disposal of any liquid wastes or byproduct of commercial or industrial<br>processes, provided that such disposal or transfer complies with other regulations or<br>restrictions outlined by federal, state, or local ordinances pertaining to a specific<br>waste or byproduct.3.Licenses with current registration may not be required to pay the initial license fee.In addition to the annual state license, an additional permit may be required by local<br>governmental and health jurisdictions. The provisions of this chapter do not apply to master<br>plumbers duly licensed to engage in the business of plumbing in the state of North Dakota.23-19-02.Application for licenses and permits.Applicants for license shall fileapplications under oath with the state department of health on prescribed application forms which<br>are to be signed by the owner or, in the case of associations and corporations, by authorized<br>representatives seeking a license. Where permits are required by local units of government, the<br>application for this permit must be made through the district or local health officer having<br>jurisdiction within the area to be served.23-19-03.Surety bond.Before receiving a license the applicant shall execute anddeposit with the state department of health a surety bond in the sum of one thousand dollars<br>conditioned on the faithful performance in conformity with all applicable health laws and<br>regulations of all work undertaken by the applicant.23-19-04. License and permit fees.1.A North Dakota resident licensee shall pay an initial fee of fifty dollars for one<br>complete servicing unit including pump and transport. A fee of fifteen dollars must<br>be paid for each additional complete servicing unit.A North Dakota residentlicensee shall pay an annual renewal fee of fifteen dollars for each complete<br>servicing unit.2.A nonresident licensee shall pay an initial fee of one hundred dollars for one<br>complete servicing unit including pump and transport. A fee of fifty dollars must be<br>paid for each additional complete servicing unit. A nonresident licensee shall pay an<br>annual renewal fee of fifteen dollars for each complete servicing unit.23-19-05. Licenses and license tags. Licenses issued hereunder expire one year afterdate of issuance or upon such uniform dates as the state health council may prescribe by<br>regulation. Normally, unless altered by regulation, the license will run for the calendar year and<br>will expire on December thirty-first each year. A grace period of sixty days must be allowed for<br>renewal fee continuation. The license must be assigned and issued only for the servicing unit<br>and person or firm named in the application and is not transferable or assignable without written<br>approval by the state department of health. A fee of fifteen dollars must be paid with a written<br>request for a transfer or assignment. The state department of health may cause to be designed<br>and issued a numbered metal license tag, which must be posted in a conspicuous place on each<br>servicing unit of the licensee.If deemed desirable, different colored tags may be used todistinguish resident and nonresident licenses.Page No. 123-19-06. Rules, regulations, and inspections. The state health council is authorizedto promulgate rules and regulations and to make inspections as may be necessary to implement<br>this chapter and to provide adequate health safeguards. Within their respective jurisdictions,<br>district and local boards of health may adopt rules and regulations and make inspections not<br>inconsistent with this chapter and the regulations established by the state health council.23-19-07.Authority to issue, deny, suspend, or revoke licenses.The statedepartment of health shall issue licenses to applicants found to comply with the provisions of this<br>chapter and lawfully promulgated regulations. The state health officer with the approval of the<br>state health council may, after a hearing, deny, suspend, or revoke licenses on any of the<br>following grounds:1.Failure to execute, deposit, and maintain a surety bond.2.Violation of any of the provisions of this chapter or regulations promulgated pursuant<br>thereto.3.Conduct or practices detrimental to health, safety, and welfare.No application for a license may be denied nor may a license be suspended or revoked, except<br>after a hearing before the state health council held pursuant to written notice to the applicant or<br>licensee, served by registered or certified mail. The notice must concisely state the grounds for<br>such denial or for such proposed suspension or revocation and must fix the time and place of<br>hearing which may not be less than fifteen days after the date of mailing the notice. The state<br>health council may delegate district and local boards of health to conduct hearings within their<br>respective jurisdictions.23-19-08. Hearings and appeals.The hearings, procedures, and appeals must beconducted in accordance with the provisions of chapter 28-32.23-19-09. Penalties. Any person violating any of the provisions of this chapter or healthand sanitary regulations promulgated hereunder is guilty of a class B misdemeanor.23-19-10. Disposition of license fees. License fees must be appropriately accountedfor and remitted to the state treasurer.Page No. 2Document Outlinechapter 23-19 cesspools, septic tanks, privies - regulation]]>