CHAPTER 4-35.1
CHEMIGATION REGULATION
4-35.1-01. Definitions. As used in this chapter:
1.
"Chemigation" means any process by which chemicals, including pesticides and<br>fertilizers, are applied to land or crops through an irrigation system.
2.
"Commissioner" means the agriculture commissioner.
3.
"Fertilizer" means any fertilizer as defined by section 19-20.1-02.
4.
"Pesticide" means that term defined in section 4-35-05.
5.
"State engineer" means the state engineer appointed by the state water commission<br>under section 61-03-01.
4-35.1-02. Statement of compliance. For the purposes of this chapter, farm irrigation
systems used for chemigation which are designed, constructed, and operated as specified in the<br>administrative rules adopted under this chapter so as to minimize the possibility of ground or<br>surface water contamination, are considered to be in compliance with this chapter.
4-35.1-03. Rules - Standards for application through irrigation system, installation,
maintenance, and modifications. The agriculture commissioner shall adopt rules regulating<br>chemigation through irrigation systems in this state to minimize the possibility of chemical,<br>pesticide, fertilizer, or other contamination of irrigation water supply and other rules as necessary<br>to implement this chapter. The commissioner may establish by rule standards for application of<br>pesticides and fertilizers through irrigation systems; for installation and maintenance of all<br>equipment and devices used for chemigation purposes; for modifications or changes in design,<br>technology, or irrigation practices; or for other purposes relating to the use or placement of<br>equipment or devices. The commissioner may adopt rules requiring periodic calibration and<br>inspection of equipment and system operation during periods of chemigation.
4-35.1-04. Inspections. The state engineer shall cooperate with the commissioner in
the inspection of any irrigation system using chemigation. The state engineer shall inform the<br>commissioner of any violation of this chapter that is discovered in the course of the state<br>engineer's regular inspections of irrigation systems using chemigation.
4-35.1-05. Enforcement.
1.
The commissioner shall enforce this chapter and any rules adopted under this<br>chapter.
2.
The commissioner may seek an injunction in the district court in the county in which<br>the violation occurs or may issue a cease and desist order to any person for any<br>alleged violation of this chapter or any rules adopted under this chapter.
3.
For the purpose of carrying out the provisions of this chapter, the commissioner and<br>the state engineer may enter upon any public or private premises at reasonable<br>times in order to:
a.
Have access for the purpose of inspecting any equipment subject to this<br>chapter and the premises on which the equipment is stored or used.
b.
Inspect or sample lands actually, or reported to be, exposed to pesticides or<br>fertilizers through chemigation.
c.
Inspect storage or disposal areas.
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d.
Inspect or investigate complaints of injury to humans or animals.
e.
Sample pesticides and fertilizers and pesticide or fertilizer mixes being applied<br>or to be applied.
f.
Observe the use and application of a pesticide or fertilizer through chemigation.
g.
Have access for the purpose of inspecting a premise or other place where<br>equipment or devices used for chemigation are held for distribution, sale, or for<br>use.
4-35.1-06. Penalties.
1.
Any person who violates the provisions of this chapter or any rules adopted under<br>this chapter is guilty of a class A misdemeanor.
2.
When construing and enforcing the provisions of this chapter or any rules adopted<br>under this chapter, the act, omission, or failure of any officer, agent, or other person<br>acting for or employed by any person must in every case be also deemed to be the<br>act, omission, or failure of such person as well as that of the person employed.
3.
Any person found to have violated the provisions of this chapter or rules adopted<br>under this chapter is subject to a civil penalty not to exceed five thousand dollars for<br>each violation. The civil penalty may be imposed by a court in a civil proceeding or<br>by the commissioner through an administrative hearing under chapter 28-32.
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Document Outline
chapter 4-35.1 chemigation regulation
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