North Dakota limits increases in fees for hazardous chemicals

The director of North Dakota’s division of homeland security sets hazardous chemical fees. The $5 yearly limit applies to increases in fees charged per chemical. The director may consider economic conditions and money the legislature provides to help cover program costs. Fee changes take effect on January 1. The notice requirement and yearly increase limit apply to increases made after January 1, 2026.

Owners and operators of covered facilities pay an annual fee for each chemical they must list on their required hazardous chemical inventory report. The fee covers chemicals that facilities must report under federal hazardous chemical reporting rules. Family farm enterprises that do not sell hazardous chemicals at retail or wholesale are exempt from the regular fee. Facilities owned by state or local governments are also exempt. Annual fees must be paid by March 1 each year.

The homeland security director may charge facilities for filing reports late or paying fees late. These rules cover facilities required to file hazardous chemical reports, including facilities exempt from regular fees. For facilities that owe regular fees, a late fee may not exceed the hazardous chemical fee owed. A facility exempt from regular fees may face a late-report fee equal to what it would owe without the exemption. After six months, the director must process further violations under the law’s separate rules for willful violations.