There is a newer version of the North Dakota Century Code
2009 North Dakota Code
23 Health and Safety
23-33 Ground Water Protection
Download pdfresources, 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 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. Page No. 1 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. Page No. 2 Document Outline chapter 23-33 ground water protection
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.