Enforcement
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 that 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 Environmental Quality at 701-328-5196, or email Keith Hinnenkamp (KHinnenk@nd.gov).
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 monetary penalties may be assessed. In some cases, enforcement actions are adjudicated in the civil court system.
The Department is in the process of developing an enforcement database that will be open to the public and will be posted on the NDDEQ website. Records contained are only those that have been resolved between the state and the responsible party or parties. Records will be searchable through the database, if you have questions or would like access to open records please contact the Division at 701-328-5188.
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