N.D. Cent. Code § 4.1-37-03

4.1-37-03. License required - Anhydrous ammonia facilities and mobile storage

container.

1. The owner or operator of an anhydrous ammonia storage facility or a mobile storage

container shall apply to the agriculture commissioner for a license to site and operate

the facility or mobile storage container. Neither an anhydrous ammonia storage facility

nor mobile storage container may be operated without a license issued by the

agriculture commissioner.

2. Any permanent anhydrous ammonia storage facility constructed before July 1, 1985, is

exempt from the siting requirements of this chapter and may receive a license under

this chapter regardless of noncompliance with the siting requirements.

3. The commissioner may deny a license for:

a. Failure to remit the proper fee;

b. Failure to comply with the siting requirements of this chapter and rules adopted

under this chapter if constructed after June 30, 1985; or

c. The facility failing to meet the initial inspection standards required by this chapter

and any rules adopted under this chapter.

4. To obtain a license, an applicant shall submit with the application drawings or

photographs showing, and a signed affidavit stating, the facility or mobile downloading

site has been measured and meets the siting requirements. The drawings or

photographs must show the proposed location of the tank and the surroundings in all

directions.

5. An applicant for a mobile storage container license also shall submit a certification

from the United States department of transportation.

6. The agriculture commissioner shall provide the board of county commissioners, of the

county in which the facility is located, a written notification of intent to issue a storage

facility operator's license for a new proposed facility. The written notification must

include copies of the submitted application materials. Upon receipt of the notification,

the county has forty-five days to request an allowance for a local zoning review. If a

local zoning review is requested, the agriculture commissioner shall allow the county

sixty days to complete the review and give written approval. If the county fails to

respond within the specified time frame the agriculture commissioner may issue a

license. If the county applies additional zoning requirements, the agriculture

commissioner may require compliance with local ordinance before issuing a license.