North Dakota Code § 23.1-12-24

Costs exceeding reimbursement
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If the cost of any extraordinary authorized action under this chapter exceeds amounts 
awarded to the department from the federal government, the department may pay the 
department's corrective actions costs, including the cost of investigating a release, if the board 
finds that the cause was a petroleum substance, that an adequate amount exists in the fund to 
pay for the corrective action, that the occurrence was extraordinary in scope and size, and that 
a danger to the health and safety of citizens exists.

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