N.D. Admin Code 33.1-20-02.1-05 - Record of notice

1. Within sixty days of the issuance of a permit for any landfill, surface impoundment, or land treatment unit if not already completed, the owner or operator shall record a notarized affidavit with the county recorder. The affidavit must specify that this facility, as noted in the legal description, is permitted to accept solid waste for disposal. This affidavit must specify that another affidavit must be recorded upon the facility's final closure.

2. Within sixty days of completion of final closure of any landfill, surface impoundment, or land treatment facility and prior to sale or lease of the property on which the facility is located, the owner shall comply with North Dakota Century Code section 23.1-08-21. The record or plat shall, in perpetuity, notify any person conducting a title search that the land has been used as a solid waste disposal facility. The record or plat must indicate the types and quantities of solid waste placed in the site and details on the site's construction, operation, or closure (including precautions against any building, earth moving, or tillage on the closed site) which are necessary to ensure the long-term maintenance and integrity of the closed facility.

3. The department must be provided a certified copy of any affidavit or plat within sixty days of recording.

Notes

N.D. Admin Code 33.1-20-02.1-05

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019. Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-08-03, 23.1-08-09; S.L. 2017, ch. 199, § 23