# Title 33.1 — Department of Environmental Quality

## Article 33.1-21 — Cesspools, Septic Tanks, Privies

## Chapter 33.1-21-02 — Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms

### § 33.1-21-02-01. Authority.

The department of environmental quality has been authorized to provide and administer this
chapter relating to septic system servicing under the provisions of North Dakota Century Code section
61-28-04.1.
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
### § 33.1-21-02-02. Scope and purpose.

This chapter establishes procedures governing the servicing of septic systems, including portable
restrooms, holding tanks, and similar devices that receive domestic wastewater and establishes
standards for the use and disposal of wastewater from those sources while protecting the general
public and waters of the state from contamination by septage.
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
### § 33.1-21-02-03. Definitions.

The terms used throughout this chapter have the same meaning as in North Dakota Century Code
chapter 61-28, except:
1. "Incorporation" means the mixing of septage with topsoil to a minimum depth of four inches
within forty-eight hours.
2. "Injection" means the subsurface placement of septage to a depth of four inches to twelve
inches.
3. "Land application" means the spraying or spreading of septage onto the land surface, the
injection of septage below the land surface, or the incorporation of septage into the soil.
4. "Litter" means nonbiodegradable material, such as plastics or glass.
5. "Nonpublic contact site" means land not frequently visited or used by the public. Examples
include agricultural land, forests, and reclamation sites.

6. "Portable restroom" means a self-contained portable enclosure containing a holding tank
designed to directly receive human excrement.
7. "Privy" means a self-enclosure over a watertight structure located in a pit designed to directly
receive human excrement.
8. "Public contact site" means land with a high potential for contact by the public. Examples
include public parks, ballfields, golf courses, and cemeteries.
9. "Rural single-family residence" means a dwelling occupied by a single family or household
situated on land greater than five acres and used primarily for agricultural or horticultural
purpose. Examples include growing and harvesting crops and raising livestock.
10. "Snow-covered ground" means ground upon which the snow is at a depth greater than eight
inches.
11. "Spill" means to cause or allow to fall, flow, or run out so as to be lost or wasted.
12. "Wastewater treatment facility" means a treatment system permitted by the department and
designed to remove biological or chemical waste products from water.
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
### § 33.1-21-02-04. Septic pumper classification.

1. Class I classification is defined as a septic system servicer that operates three or more
permitted servicing vehicles or at least one portable toilet servicing vehicle.
2. Class II classification is defined as all septic system servicers not classified as class I.
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
### § 33.1-21-02-05. Permit application and renewal.

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

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;
b. The street address or directions to the site;
c. The location of the property by township, range, section, and quarter section or the
latitude and longitude of the property in degrees decimal;
d. The type of vegetation on the land application site (fallow land, pasture, range, forest, or
other) and the nitrogen requirements for the vegetation;
e. The estimated depth in feet to seasonally high ground water at the site and the basis for
the estimates;
f. A statement of the specific soil type (clay, gravel, sandy loam, or other) at each site;
g. The approximate slope of the land;
h. The acreage available for land application;
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
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 permitholder
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.
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:
(1) A list of the disposal sites used, including all multiple-use land application sites and
wastewater treatment facilities;
(2) The type of treatment done to address pathogen and vector control requirements;
(3) The total volume of gallons handled; and
(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
### § 33.1-21-02-06. Training requirements.

1. Septic system servicers and their employees engaged in the servicing of septic systems are
required to pass an annual examination provided by the department.
2. Septic system servicers are required to attend a training course provided by the department
once every five years.
3. Other examinations or training courses taken may be substituted for the requirements in
subsections 1 and 2 with the department's prior approval.
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
### § 33.1-21-02-07. Vehicles and equipment.

1. Septic system servicers shall allow the department to inspect the equipment used in servicing
at any reasonable time and place designated by the department.
2. Vehicles used in servicing shall meet the following identification requirements:
a. A valid septic pumper plate, as provided by the department, shall be prominently
displayed on the rear of the servicing unit.

b. The septic system servicer's name shall be displayed on the side of the vehicle in writing
no less than three inches tall with one-half-inch minimum thickness and in a color distinct
from its background.
3. All servicing vehicles shall conform to the following:
a. Be maintained in operational condition.
b. Expressly used for the hauling or servicing of septage or municipal wastewater treatment
sludge and for no other purpose. However, the use of the vehicle for fire protection
service, oil recovery, and industrial wastes not regulated under this chapter is permissible
if the tank is flushed or cleaned as necessary prior to and after use.
c. Stored in a manner which will not cause a public nuisance.
4. All approvable holding tanks or containers shall be attached to the vehicle by welding or bolts
on a truck chassis.
a. Holding tanks shall be constructed of suitable metal or materials approved by the
department.
b. Each tank shall be strong enough for all conditions of operation, leakproof, contain inertia
baffles, and be designed to be kept tightly closed to prevent spillage or escape of odors
while in transit or storage.
c. Discharge valves on tanks shall be watertight, capped when not in use, and constructed
and located so as to permit unobstructed discharge.
5. Pumps shall be adequate for the required service. The installation shall be designed to
prevent backflow or leakage. Connections shall be provided with caps or seals.
6. Hoses and piping, when not in use, shall be stored in a manner to prevent leakage or dripping
of septage in transit.
7. All servicing equipment used for land application of septage shall have a splash plate or some
other department-approved method or device to facilitate uniform septage application in land
spreading.
8. Facilities used for washing the vehicles, tanks, implements, and tools shall be designed to
prevent a public nuisance and shall comply with North Dakota Century Code chapter 61-28.
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
### § 33.1-21-02-08. Septage disposal.

1. Septage must be disposed of at a department-permitted wastewater treatment facility, or it
may be land-applied. All septic system servicers shall submit disposal site information to the
department with their permit applications under subsection 2 of section 33.1-21-02-05.
2. Class I septic system servicers shall obtain the department's written preapproval for land
application sites. Approval requests may be submitted with a permit application or during the
term of the permit. Approval requests not included in the permit application shall include the
information on the proposed land application site listed in subsection 3 of section
### § 33.1-21-02-05. If the approval request contains all the required information, the land

application sites may be given conditional approval within thirty days of submission. Full
approval is contingent on a site assessment conducted by the department and will be granted

automatically unless otherwise notified by the department. The department may not approve
sites that may cause harm to the environment or threaten the public. Once given full approval
by the department, land application sites shall retain approval for a period of not less than five
years, unless additional future information indicates a change in the environmental status of
the property. Examples for cause of termination of approval include excessive runoff, odor
complaints, illegal disposal, etc.
Class II septic system servicers shall follow all general land application requirements as
outlined in subsections 4 through 8.
3. A septic system servicer land applying septage from a rural single-family residence on
property owned or leased by the owner or lessee of the rural single-family residence is exempt
from obtaining the department's written approval for the land application site. General land
application site requirements still apply and must be followed.
4. General land application site requirements shall be followed by all septic pumper
classifications, including rural single-family exemptions, and are as follows:
a. Application of septage is not allowed on a designated one hundred-year floodplain as
defined by federal emergency management agency flood maps nor below the ordinary
high water mark.
b. Application of septage is not allowed on areas of a site ponded with water or septage.
c. Septage cannot be applied when soils are saturated.
d. Septage cannot be applied by spraying from public roads or across road right of ways.
e. All septage that is land-applied must be uniformly distributed over the area by use of a
distribution device, such as a splash plate or spreader.
f. Measures must be taken to ensure that the ponding or septage and runoff does not
occur.
g. Slope restrictions are as follows:
(1) Surface application, injection, or immediate incorporation of septage is allowed on
slopes six percent and less.
(2) Injection of septage is required on slopes greater than six percent up to twelve
percent.
(3) Land application of septage is not allowed on slopes greater than twelve percent.
h. Separation distances are as follows:
(1) Private drinking water wells must have two hundred feet of separation from land
application of septage.
(2) Public drinking water supply wells must have one thousand feet of separation from
land application of septage.
(3) Irrigation wells must have fifty feet of separation from land application of septage.
(4) Residences must have one thousand feet of separation from land application of
septage, unless permission is obtained by the owner and resident to reduce this
distance.

(5) Surface water features must have two hundred feet of separation distance from land
application of septage.
(6) Public contact sites, including roads, must have a separation distance of two
hundred feet from surface-applied and incorporated septage. A separation distance
of fifty feet is required for injection of septage.
i. Public contact sites shall be posted with no trespassing signs for thirty days after
application.
j. Septage shall be applied at a rate of less than twenty thousand gallons per acre per day
and less than one hundred pounds of nitrogen per acre per year. The department may
waive these rates upon a site-by-site review basis.
k. Land application sites shall be maintained free of litter.
I. The discharge from the servicing units shall be controlled so that pooling or ponding of
septage during land application does not occur.
5. Pathogen reduction measures shall be taken by all classes in accordance with one of the
following alternatives:
a. Alternative 1. Septic system servicers shall pump domestic septage from a septic tank or
holding tank and land apply it without treatment. Crop, grazing, and site restrictions apply.
(1) Crop restrictions:
(a) Food crops with harvested parts that touch the septage and soil mixture and
are totally aboveground shall not be harvested for fourteen months after
application of domestic septage.
(b) Food crops with harvested parts below the surface of the land shall not be
harvested for thirty-eight months after application of domestic septage.
(c) Animal feed, fiber, and those food crops that do not touch the soil surface shall
not be harvested for thirty days after the application of the domestic septage.
(d) Turf grown on land where domestic septage is applied shall not be harvested
for one year after application of the domestic septage when the harvested turf
is placed on either a lawn or land with a high potential for public exposure,
unless otherwise specified by the permitting authority.
(2) Grazing restrictions. Animals shall not be allowed to graze on the land for thirty days
after application of domestic septage.
(3) Site restrictions. Public access to land with a low potential for public exposure shall
be restricted for thirty days after application of domestic septage. Examples of
restricted access include remoteness of site, posting with no trespassing signs, or
simple fencing.
b. Alternative 2. Septic system servicers shall pump domestic septage from a septic tank or
holding tank that has had its pH raised to twelve or higher by the addition of alkaline
material and, without addition of more alkaline material, the septage must remain at a
pH level of twelve or higher for at least thirty minutes prior to being land-applied. Crop
restrictions apply.
(1) Crop restrictions:

(a) Food crops with harvested parts that touch the septage and soil mixture and
are totally aboveground shall not be harvested for fourteen months after
application of domestic septage.
(b) Food crops with harvested parts below the surface of the land shall not be
harvested for twenty months after application of domestic septage when the
domestic septage remains on the land surface for four months or longer prior
to incorporation into the soil.
(c) Food crops with harvested parts below the surface of the land shall not be
harvested for thirty-eight months after application of domestic septage when
the domestic septage remains on the land surface for less than four months
prior to incorporation into the soil.
(d) Animal feed, fiber, and those food crops that do not touch the soil surface shall
not be harvested for thirty days after application of the domestic septage.
(e) Turf grown on land where domestic septage is applied shall not be harvested
for one year after application of the domestic septage when the harvested turf
is placed on either a lawn or land with a high potential for public exposure,
unless otherwise specified by the permitting authority.
c. Other equivalent alternatives may be acceptable with prior department approval.
6. Vector attraction reduction measures shall be taken by all classes in accordance with one of
the following alternatives:
a. Alternative 1. Septic system servicers shall inject domestic septage below the surface of
the land, and no significant amount of the septage shall be present on the land surface
within one hour after the septage is injected.
b. Alternative 2. Septic system servicers shall incorporate domestic septage applied to the
land surface into the soil surface plow layer within forty-eight hours after application.
c. Alternative 3. Septic system servicers shall raise the pH of domestic septage to twelve or
higher by addition of alkaline material and, without addition of more alkaline material, the
septage must remain at a pH level of twelve or higher for thirty minutes prior to being
land-applied.
d. Other equivalent alternatives may be acceptable with prior department approval.
7. Snow-covered ground application is acceptable if there are less than eight inches of snow and
less than a six percent slope onsite and according to general land application requirements of
subsection 4 of section 33.1-21-02-08.
8. Storage of septage greater than twenty-five thousand gallons requires department approval.
All storage sites shall be designed and maintained to prevent a public nuisance and shall be in
compliance with North Dakota Century Code chapter 61-28.
History: Effective January 1, 2019.
General Authority: NDCC 61-28-04, 61-28-04.1
Law Implemented: NDCC 61-28-04.1

### § 33.1-21-02-09. Spill reporting and cleanup.

1. Septic system servicers and their employees shall report all spills to the department as soon
as possible, but within twenty-four hours. The septic system servicers shall keep a copy of the
spill report for five years. The report shall include:
a. Spill location;
b. Spill volume;
c. Type of material spilled; and
d. Steps taken to clean up the spill.
2. Septage shall be transported in a manner where it will not leak or spill onto public roads or into
areas where it could enter surface or ground water. A written procedure for spill and accident
cleanup must be developed by each permitholder, and a copy of the procedure must be kept
in each permitted septic vehicle. When a spill occurs, a septic system servicer and any
responsible employees shall:
a. Contain the spill to minimize the impact to the environment and general public;
b. Notify the department of all spills in accordance with notification requirements of
subsection 4 of section 33.1-16-02.1-11;
c. Clean the spill area to render it harmless to humans and the environment; and
d. Properly dispose of spilled material.
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
### § 33.1-21-02-10. Recordkeeping and reporting requirements.

1. Septic system servicers must keep records of all their servicing and disposal activities. Each
septic system servicer shall maintain records for not less than five years. Records must be
available to the department for review upon request.
2. The records must contain:
a. The origin of the septage;
b. The location of the site where the septage is applied or taken;
c. The number of acres to which septage is applied at each site;
d. The date and time of each septage application;
e. Crop or vegetation on each site during the year;
f. The gallons of septage which are applied to the site during the specified three hundred
sixty-five-day period;
g. A description of how the pathogen requirements are met for each land application of
septage; and

h. A description of how the vector attraction reduction requirements are met for each land
application of septage.
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
