# Title 23.1 — Environmental Quality

## Chapter 23.1-11 — Ground Water Protection

### § 23.1-11-01. Degradation prevention program - Maintenance of waters.

This chapter establishes a degradation prevention program to protect ground water
resources, encourage the wise use of agricultural chemicals, provide for public education
regarding preservation of ground water resources, and provide 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.
### § 23.1-11-02. Administration of chapter.

The department of environmental quality shall administer this chapter. For purposes of this
chapter, "commissioner" means the agriculture commissioner and "department" means the
department of environmental quality. Notwithstanding section 4.1-33-03, the agriculture
commissioner shall administer chapter 4.1-33 as it relates to pesticide usage.
### § 23.1-11-03. Education program.

The department, the commissioner, the North Dakota state university extension service, and
the North Dakota agricultural experiment station shall cooperate with other state and federal
agencies on the development of a ground water protection education program.
### § 23.1-11-04. 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 to conduct its ground water protection
program. This information must include chemical registration data and sales information. The
department shall keep this information confidential.
### § 23.1-11-05. 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.
### § 23.1-11-06. Ground water quality monitoring.

The department shall conduct ground water quality monitoring activities in cooperation with
the department of water resources and other state agencies. Based on monitoring results, the
department of environmental quality 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 4.1-33 to prevent
future contamination of ground water as it relates to the use of pesticides.
### § 23.1-11-07. Notification requirement.

A person with verifiable information on the presence of contamination of ground water within
the state shall notify the department regarding the contamination.
### § 23.1-11-08. Access for ground water monitoring.

The department may request landowners or operators 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 the application
and 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 pesticide ground water monitoring program are exempt under section 44-04-18 and
section 6 of article XI of the Constitution of North Dakota. This section does not apply to ground
water monitoring from wells that were installed or required to be installed by a state agency.
### § 23.1-11-09. 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 agricultural chemicals at the retail and
end use levels.
### § 23.1-11-10. Wellhead protection program.

The department, in cooperation with the department of water resources 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.
### § 23.1-11-11. Rules.

The department, with the approval of the commissioner and the director of the department
of water resources, shall adopt rules necessary for implementation of this chapter.
### § 23.1-11-12. 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.
