2013 North Dakota Century Code Title 23 Health and Safety Chapter 23-33 Ground Water Protection
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CHAPTER 23-33
GROUND WATER PROTECTION
23-33-01. Degradation prevention program - Maintenance of waters.
This chapter establishes a degradation prevention program for the purpose of protecting
ground water resources, encouraging the wise use of agricultural chemicals, providing for
ground water protection, providing for public education regarding preservation of ground water
resources, and providing for safe disposal of wastes in a manner that will not endanger the
state's ground water resource. Waters of the state must be maintained within standards
established under this chapter unless it can be affirmatively demonstrated that a change in
quality is justifiable to provide necessary economic or social development and will not adversely
affect the beneficial uses of water.
23-33-02. Administration of chapter.
The state department of health shall administer this chapter. For purposes of this chapter,
"commissioner" means the agriculture commissioner and "department" means the state
department of health. Notwithstanding section 4-35-06, the agriculture commissioner shall
administer chapter 4-35 as it relates to pesticide usage.
23-33-03. Education program.
The department, the commissioner, and the North Dakota state university extension service
and North Dakota agricultural experiment station shall cooperate with other state and federal
agencies on the development of a ground water protection education program.
23-33-04. Chemical use data and confidentiality requirement.
The department may require chemical use data from product registrants on products that
have been or may likely be found in ground water in order to conduct its ground water protection
program. This information must include chemical registration data and sales information. The
department shall keep this information confidential.
23-33-05. Ground water standards.
The department shall establish standards for compounds in ground water as set forth by
other states and the United States environmental protection agency unless new scientifically
confirmed data provides justification for changing these standards.
23-33-06. Ground water quality monitoring.
The department shall conduct ground water quality monitoring activities in cooperation with
the state engineer and other state agencies. Based on monitoring results, the department shall
implement or require appropriate mitigation activities or remedial action to prevent future
contamination of ground water. The commissioner may implement or require appropriate
mitigation activities pursuant to chapter 4-35 to prevent future contamination of ground water as
it relates to the use of pesticides.
23-33-07. Notification requirement.
Any person with verifiable information on the presence of contamination of ground water
within the state shall notify the department regarding such contamination.
23-33-08. Access for ground water monitoring.
The department may request landowners or operators to allow access for monitoring of
ground water and of soils at a depth where pesticides may threaten ground water. If the
department is denied access by the landowner or operator, the department may apply to any
court of competent jurisdiction for authorization to obtain access. The court, upon such
application and upon compliance with chapter 29-29.1, may issue the authorization for the
purposes requested. After consultation with the landowner or operator, the department shall
conduct the monitoring in a manner that causes the least possible economic impact or
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hindrance to the landowner's or operator's operations. The names and addresses of landowners
and operators who participate in a ground water monitoring program may not be linked, in any
public disclosure, to the findings of the program unless it is determined by rule that a compelling
public interest justifies such disclosure. Without such a determination, disclosure of the
information is a violation of section 12.1-13-01.
23-33-09. Pollution prevention criteria.
The commissioner, in cooperation with the department, North Dakota state university
extension service, and the North Dakota agricultural experiment station, may develop pollution
prevention criteria for areas utilized for mixing and storing of agricultural chemicals at the retail
and end use levels.
23-33-10. Wellhead protection program.
The department in cooperation with the state engineer and state geologist shall assist in
implementing a public water supply wellhead protection program for protection of ground water
resources utilizing existing state and local statutory authority.
23-33-11. Rules.
The department, with the approval of the commissioner and the state engineer, shall adopt
rules necessary for implementation of this chapter.
23-33-12. Producer liability.
Liability may not be imposed upon an agricultural producer for costs of active cleanup, or for
any damage associated with or resulting from the detection in ground water, of a pesticide if the
applicator has complied with label instructions and other precautions for application of the
pesticide and the applicator has a valid appropriate applicator's certification. Compliance with
these requirements may be raised as an affirmative defense by an agricultural producer.
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