# Title 33.1 — Department of Environmental Quality

## Article 33.1-15 — Air Pollution Control

## Chapter 33.1-15-10 — Control of Pesticides

### § 33.1-15-10-01. Pesticide use restricted.

1. No person shall use or permit the use of pesticides in such manner that will cause the
airborne drift of pesticides off the premises on which they are being applied in such quantities
that cause damage or injury to human health, crops, domestic animals, pollinating insects,
vegetation, fish, and wildlife.
2. No person shall aerial spray or permit the aerial spraying of pesticides over a city in the state
without the approval of the department. Such spraying will be allowed only for well-thought-out
public health purposes and even then only in emergencies or potential emergencies.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 21
### § 33.1-15-10-02. Restrictions on the disposal of surplus pesticides and empty pesticide

containers.
1. No person shall dispose of or permit the disposal of surplus pesticides and empty pesticide
containers in such a manner as may cause pesticides to become airborne in such quantities
that may cause injury or damage to human health, crops, domestic animals, pollinating
insects, vegetation, fish, and wildlife.
2. No person shall dispose of or permit the disposal of surplus pesticides by open burning.
3. Burning of empty pesticide containers is not allowed except where no municipal collection and
disposal service is available and all of the following conditions are met:
a. Only plastics composed of carbon, hydrogen, or oxygen may be burned. Plastics
composed of polymers of nitrogen, halogens including chlorine, or sulfur may not be
burned.
b. The containers must be empty and triple rinsed before being burned. Containers such as
bags or liners must be thoroughly emptied of pesticides prior to burning.
c. The open burning must be conducted on the farm by the farmers who generated the
empty containers.
d. The open burning shall be conducted in an open area away from buildings and
residences, and only when the wind direction disperses the smoke away from any human
or animal.
e. Burning may not be conducted by commercial applicators or to dispose of large
stockpiles of empty containers.
The authority to conduct such open burning does not exempt or excuse a person from the
consequences, damages, or injuries which may result therefrom.

4. The disposal of surplus pesticides and empty pesticide containers must be in accordance with
rules promulgated pursuant to authorities of the Solid Waste Management and Land
Protection Act and the Hazardous Waste Management Act of the North Dakota Century Code.
5. The handling and disposal of pesticide containers, including burning, must comply with the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as amended October 25, 1988.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 21
