The Department uses enforcement actions to ensure compliance with state and federal air pollution rules, and air permit requirements that have been violated.
Enforcement actions are also used in an effort to remedy the issue which resulted in the non-compliance, with a focus on preventing further occurrences when and where possible.
Questions may be addressed to the North Dakota Department of Health at 701.328.5188, or email Keith Hinnenkamp (email@example.com).
How are violations handled by the Department?
Generally when a non-compliance matter is discovered, the Department will issue a Letter of Apparent Non-compliance (LOAN). This brings the matter to the attention of the apparent violator and provides an opportunity for them to respond with additional information about the incident(s). The Department may consider the matter as resolved after receiving a response to a LOAN, or the Department may initiate a more formal action by issuing a Notice of Violation (NOV).
If a Notice of Violation is finalized, the Department will normally prepare an Administrative Consent Agreement (ACA) that is intended to require the violator to accomplish certain actions to rectify the non-compliance issue. Civil monitory penalties may be assessed. In some cases, enforcement actions are adjudicated in the civil court system.
Records of Enforcement Actions
The Department is in the process of developing an enforcement database that will be open to the public and will be posted to the NDDoH website. Records contained are only those which have been resolved between the state and responsible party or parties. Records will be search-able through the database, if you have questions or would like access to open records please contact the Division at 701.328.5188.
On October 25, 2016, a Partial Settlement and Consent Decree was finalized between the US Department of Justice and the Volkswagen Corporation (VW) regarding the installation and use of emissions testing defeat devices in over 500,000 vehicles sold and operated in the United States beginning in 2009. These devices violated the federal Clean Air Act and increased air emissions of the pollutant nitrogen oxide (NOx).
An environmental mitigation trust (trust) has been established as part of the partial Consent Decree to provide funds to the states to mitigate the negative air quality impacts of the violations. North Dakota’s share of the trust will be up to $7.5 million dollars. The trust establishes a process for states to receive the funds and develop mitigation plans. The trust also identifies mitigation “actions” or projects eligible for funding.
The Governor’s Office has appointed the North Dakota Department of Health (NDDoH) to develop and implement the mitigation plan for North Dakota. The plan will be based on actions that reduce emissions of NOx and provide the greatest air quality benefit for the public.
The NDDoH will be seeking public input on drafting North Dakota’s VW settlement mitigation plan. Interested parties will be able to provide comments by following the requirements outlined in the partial Consent Decree. The NDDoH will not be soliciting request for project proposals, but rather will be seeking comments to help develop the plan.
Last Updated: 02/06/2017