The department may enter into a cost-sharing agreement with an owner of a listed site that is not a responsible party. Cost-sharing agreements involve the site owner conducting department-approved activities and receiving partial reimbursement from the department for the costs of those approved activities.

1. Eligibility. The following criteria must be met for a site owner to be eligible for a cost-sharing agreement:

a. The cost-sharing activities are approvable actions;

1. b. The listed site owner has prepared a voluntary response action plan meeting the requirements of North Dakota Century Code section 23.1-10-15;
2. c. The department and listed site owner have entered into a voluntary cleanup agreement under North Dakota Century Code section 23.1-10-15;
3. d. The approvable actions will be conducted in accordance with the voluntary response action plan; and
4. e. The department has no open enforcement actions involving the site owner or an entity controlled by the site owner.2. Agreement. The department and a site owner may enter into a cost-sharing agreement if the eligibility requirements of subsection 1 are met. The cost-sharing agreement must include:- a. A description of the approvable actions planned for the site;
5. b. A cost-estimate for the approvable actions;
6. c. Statement of maximum department contribution amount, not to exceed fifty percent of the total real cost of the approvable actions;
7. d. Any terms or conditions required by the department to enter into the agreement; and
8. e. A certificate of completion for the voluntary response actions issued to the listed site owner within an approved timeline.3. Violation of cost-sharing requirements. The site owner shall repay cost-share funds to the department if:- a. Response actions have been conducted in a way or manner that is not in compliance with the voluntary response action plan;
9. b. The site owner has failed to comply with, or violated, the voluntary cleanup agreement;
10. c. The site owner fails to comply with the terms and conditions of the cost-sharing agreement;
11. d. The site owner's remedial actions cause, or contribute to, additional contamination of the listed property; or
12. e. The site owner's remedial actions cause, or contribute to, contamination at properties other than the subject property.

History: Effective January 1, 2023.

General Authority: NDCC 23.1-10-03

Law Implemented: NDCC 23.1-10-02, 23.1-10-03