# Title 33.1 — Department of Environmental Quality

## Article 33.1-20 — Solid Waste Management and Land Protection

## Chapter 33.1-20-16 — Certification of Operators

### § 33.1-20-16-01. Responsibility.

1. Permittees of all municipal waste landfills, municipal waste incinerators, municipal solid waste
ash landfills, and special waste landfills which accept primarily oilfield special waste or
TENORM waste in North Dakota must have at least one certified operator onsite at all times
during operation of the facility.
2. Permittees of all industrial waste landfills and special waste landfills which do not accept
oilfield special waste or TENORM waste in North Dakota must have at least one certified
operator whose primary work location is at the facility.
History: Effective January 1, 2019; amended effective July 1, 2020; October 1, 2024.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03, 23.1-08-15; S.L. 2017, ch. 199, § 23
### § 33.1-20-16-02. Certification and application.

1. In order to be certified landfill operator, an applicant shall take and pass a written examination
given by the department or its authorized representative.
2. The department shall charge certification fees of fifty dollars for initial certification and
twenty-five dollars for annual renewal.
3. An individual desiring to attend the training session and take the certification examination shall
file and submit the fee and application form at least thirty days before the scheduled training
and certification session.
History: Effective January 1, 2019; amended effective July 1, 2020; October 1, 2024.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03, 23.1-08-15; S.L. 2017, ch. 199, § 23
### § 33.1-20-16-03. Training course and certification requirements.

1. To be eligible for certification, a landfill or incinerator operator shall have a minimum of one
year experience in operating the type of landfill or incinerator that the operator wants to be
certified for and attend a training session approved by the department for solid waste facilities.
2. Training sessions will be held at least annually by the department to provide information on
landfill and incinerator operation and maintenance.
3. An applicant may submit documentation to demonstrate the equivalency of other training
courses and certification successfully completed. The applicant may be eligible for certification
without taking the training course or written examination if the department finds that the
training and certification are substantially equivalent.
4. Applicants who fail an examination may reapply to the department.

5. Upon passage of the examination with a score of seventy percent or better, the department
will issue a certificate to the applicant.
6. The certificates of personnel who terminate their employment at a landfill or incinerator facility
will remain valid until expiration.
History: Effective January 1, 2019; amended effective July 1, 2020; October 1, 2024.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03, 23.1-08-15; S.L. 2017, ch. 199, § 23
### § 33.1-20-16-04. Certificate revocation.

The department may suspend or revoke the certificate of an operator if it is found that the operator
has practiced fraud or deception in obtaining the certificate or in the performance of operator duties. No
certificate may be revoked or suspended except after a hearing conducted in accordance with North
Dakota Century Code chapter 28-32. Upon certificate suspension or revocation, a new application for
certification may be considered by the department if the conditions upon which the suspension or
revocation was based have been corrected and evidence of this fact has been satisfactorily submitted
to the department.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03, 23.1-08-15; S.L. 2017, ch. 199, § 23
### § 33.1-20-16-05. Term and renewal of certificates.

Certificates expire each year on June thirtieth. The holder shall reapply for renewal of an expired
certificate and pay the renewal fee by July first. To be eligible for renewal, each certified operator shall
attend at least one departmentally approved training course every three years.
History: Effective January 1, 2019; amended effective October 1, 2024.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03, 23.1-08-15; S.L. 2017, ch. 199, § 23
