N.D. Admin Code 33.1-15-01-17 - Enforcement

1. Enforcement action will be consistent with procedures as approved by the United States environmental protection agency.

2. Notwithstanding any other provision in this article, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of this article.

a. Information from the use of the following methods is presumptively credible evidence of whether a violation has occurred at a source:

(1) A compliance assurance monitoring protocol approved for the source pursuant to subsection 10 of section 33.1-15-14-06.

(2) A monitoring method approved for the source pursuant to paragraph 3 of subdivision a of subsection 5 of section 33.1-15-14-06 and incorporated in a federally enforceable title V permit to operate.

(3) Compliance test methods specified in this article.

b. The following testing, monitoring, and information-gathering methods are presumptively credible testing, monitoring, or information-gathering methods:

(1) Any federally enforceable monitoring or testing methods, including those under title 40 Code of Federal Regulations parts 50, 51, 60, 61, 63, and 75.

(2) Other testing, monitoring, or information-gathering methods that produce information comparable to that produced by any method in paragraph 1 or in subdivision a.

3.

a. No person may knowingly make a false statement, representation, or certification in any application, record, report, plan, or other document filed or required under this article.

b. No person may knowingly falsify, tamper with, or provide inaccurate information regarding a monitoring device or method required under this article.

Notes

N.D. Admin Code 33.1-15-01-17

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

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