1. Permit required. A person wishing to engage in the business of servicing septic systems, portable restrooms, holding tanks, and similar devices that receive domestic wastewater shall submit an application for a permit to the department on a form provided by the department.

2. Applicant information. All applicants shall provide the following information to the department: a. The full name and physical business address of the applicant; b. The mailing address of the applicant, if different from the physical address; c. Septic system servicers that have held a permit in North Dakota within the past five years must submit records in accordance with subsection 4; d. A copy of a North Dakota state training certificate or other acceptable training course as preapproved by the department; e. A list of all counties in which business is conducted; f. A list of all disposal methods and land application sites, not exempted under North Dakota Century Code section 61-28-04.1, that the applicant proposes to use, if applicable; and

1. g. The signature of the landowner, facility operator, or designated representative of the owner or operator, on a designated form granting permission to use the site for land application, disposal, or treatment.3. Land application. Class I septic system servicers shall obtain the department's approval of all land application sites under subsection 2 of section 33.1-21-02-08. In addition, class I applicants shall include the following information on all land application sites--even sites that have already been approved--that they propose to use for the permit period:- a. The name of the property owner;
2. b. The street address or directions to the site;
3. c. The location of the property by township, range, section, and quarter section or the latitude and longitude of the property in degrees decimal;
4. d. The type of vegetation on the land application site (fallow land, pasture, range, forest, or other) and the nitrogen requirements for the vegetation;
5. e. The estimated depth in feet to seasonally high ground water at the site and the basis for the estimates;
6. f. A statement of the specific soil type (clay, gravel, sandy loam, or other) at each site;
7. g. The approximate slope of the land;
8. h. The acreage available for land application;
9. i. A proposed summer and winter disposal operation and maintenance plan for each land application site, including provisions for access control and the types and sources of wastes to be managed on the site; and
10. j. Indicate land application sites to be utilized between November fifteenth and April first.4. Permit renewals. A permit shall expire on December thirty-first of each year. A permit holder shall have a grace period to submit a renewal application with the appropriate application fee to the department by March first of the following year. After March first, a new permit application with the appropriate application fee shall be submitted to the department. Until the new permit application is approved by the department, a septic system servicer is not permitted to operate.- a. An applicant for permit renewal must submit the same information required of a new permit applicant.
11. b. In addition, septic system servicers shall submit an annual report of disposal activities to the department when applying for a permit renewal. The annual report must include:
12. (1) A list of the disposal sites used, including all multiple-use land application sites and wastewater treatment facilities;
13. (2) The type of treatment done to address pathogen and vector control requirements;
14. (3) The total volume of gallons handled; and
15. (4) A record of all spills.5. Permit transfers. Septic system servicers must notify the department upon sale or transfer of business within ninety days. Upon notification and the new owner's written agreement to

comply with the permit's terms, the new owner becomes the permitholder for the remainder of the calendar year and shall submit a renewal application in accordance with subsection 4.

6. Fees. An applicant shall pay the permit or renewal fee to the department at the time the permit or renewal application is submitted. A permit may not be issued or renewed prior to payment of the appropriate fee as follows:

a. A new permit applicant shall pay an application fee of one hundred dollars and a fifty dollar fee per servicing vehicle.

b. A permitholder shall pay a renewal fee of fifty dollars per servicing vehicle.

c. A new servicing unit may be added to an existing permit for a fee of fifty dollars.

d. A permit replacement fee of twenty-five dollars shall apply. Examples include lost or damaged plates.

e. An applicant who holds a valid plumber's license under North Dakota Century Code chapter 43-18 and operates no more than one septic servicing unit is exempt from these fees.

7. Application review. The department shall review each submitted application for a new or renewed permit. If additional information is required, the department shall notify the applicant within thirty days after the department receives the application and processing shall be postponed until the application is complete. If the department does not receive the requested information within ninety days of the request, a new application may be required. The department shall review the completed application and either issue, deny, or renew a permit within thirty days after the completed application is received.

History: Effective January 1, 2019.

General Authority: NDCC 61-28-04, 61-28-04.1; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 61-28-04.1