NDAC 33.1-35-01-21
Reservation of rights
Cite as N.D. Admin. Code ยง 33.1-35-01-21
1.
Nothing in this chapter prohibits a political subdivision from requiring more assurances,
guarantees, indemnity, or other contractual requirements from any party performing project
work.
2.
Nothing in this chapter affects the department's right to take remedial action, including
administrative enforcement action and actions for breach of contract against a political
subdivision that fails to carry out its obligations under this chapter. Any remedial action
contemplated by the department or its financial agent will be coordinated with the best
interests of the state revolving fund.
3.
Review or approval of facility plans, design drawings and specifications, or other documents
by or for the department, does not relieve the political subdivision of its responsibility to
properly plan, design, build, and effectively operate and maintain the treatment works as
required by state or federal law, permits, the loan agreement, and good management
practices. The department is not responsible for increased costs resulting from defects in the
plans, design drawings and specifications, or other subagreement documents.