CHAPTER 23-33GROUND WATER PROTECTION23-33-01. Degradation prevention program - Maintenance of waters. This chapterestablishes a degradation prevention program for the purpose of protecting ground water<br>resources, encouraging the wise use of agricultural chemicals, providing for ground water<br>protection, providing for public education regarding preservation of ground water resources, and<br>providing for safe disposal of wastes in a manner that will not endanger the state's ground water<br>resource.Waters of the state must be maintained within standards established under thischapter unless it can be affirmatively demonstrated that a change in quality is justifiable to<br>provide necessary economic or social development and will not adversely affect the beneficial<br>uses of water.23-33-02. Administration of chapter. The state department of health shall administerthis chapter. For purposes of this chapter, "commissioner" means the agriculture commissioner<br>and "department" means the state department of health. Notwithstanding section 4-35-06, the<br>agriculture commissioner shall administer chapter 4-35 as it relates to pesticide usage.23-33-03.Education program.The department, the commissioner, and the NorthDakota state university extension service and North Dakota agricultural experiment station shall<br>cooperate with other state and federal agencies on the development of a ground water protection<br>education program.23-33-04. Chemical use data and confidentiality requirement. The department mayrequire chemical use data from product registrants on products that have been or may likely be<br>found in ground water in order to conduct its ground water protection program. This information<br>must include chemical registration data and sales information. The department shall keep this<br>information confidential.23-33-05.Ground water standards.The department shall establish standards forcompounds in ground water as set forth by other states and the United States environmental<br>protection agency unless new scientifically confirmed data provides justification for changing<br>these standards.23-33-06. Ground water quality monitoring. The department shall conduct groundwater quality monitoring activities in cooperation with the state engineer and other state<br>agencies. Based on monitoring results, the department shall implement or require appropriate<br>mitigation activities or remedial action to prevent future contamination of ground water. The<br>commissioner may implement or require appropriate mitigation activities pursuant to chapter<br>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 thepresence of contamination of ground water within the state shall notify the department regarding<br>such contamination.23-33-08.Access for ground water monitoring.The department may requestlandowners or operators to allow access for monitoring of ground water and of soils at a depth<br>where pesticides may threaten ground water.If the department is denied access by thelandowner or operator, the department may apply to any court of competent jurisdiction for<br>authorization to obtain access.The court, upon such application and upon compliance withchapter 29-29.1, may issue the authorization for the purposes requested. After consultation with<br>the landowner or operator, the department shall conduct the monitoring in a manner that causes<br>the least possible economic impact or hindrance to the landowner's or operator's operations.<br>The names and addresses of landowners and operators who participate in a ground water<br>monitoring program may not be linked, in any public disclosure, to the findings of the program<br>unless it is determined by rule that a compelling public interest justifies such disclosure. Without<br>such a determination, disclosure of the information is a violation of section 12.1-13-01.Page No. 123-33-09. Pollution prevention criteria. The commissioner, in cooperation with thedepartment, North Dakota state university extension service, and the North Dakota agricultural<br>experiment station, may develop pollution prevention criteria for areas utilized for mixing and<br>storing of agricultural chemicals at the retail and end use levels.23-33-10. Wellhead protection program. The department in cooperation with the stateengineer and state geologist shall assist in implementing a public water supply wellhead<br>protection program for protection of ground water resources utilizing existing state and local<br>statutory authority.23-33-11. Rules. The department, with the approval of the commissioner and the stateengineer, shall adopt rules necessary for implementation of this chapter.23-33-12. Producer liability. Liability may not be imposed upon an agricultural producerfor costs of active cleanup, or for any damage associated with or resulting from the detection in<br>ground water, of a pesticide if the applicator has complied with label instructions and other<br>precautions for application of the pesticide and the applicator has a valid appropriate applicator's<br>certification. Compliance with these requirements may be raised as an affirmative defense by an<br>agricultural producer.Page No. 2Document Outlinechapter 23-33 ground water protection
CHAPTER 23-33GROUND WATER PROTECTION23-33-01. Degradation prevention program - Maintenance of waters. This chapterestablishes a degradation prevention program for the purpose of protecting ground water<br>resources, encouraging the wise use of agricultural chemicals, providing for ground water<br>protection, providing for public education regarding preservation of ground water resources, and<br>providing for safe disposal of wastes in a manner that will not endanger the state's ground water<br>resource.Waters of the state must be maintained within standards established under thischapter unless it can be affirmatively demonstrated that a change in quality is justifiable to<br>provide necessary economic or social development and will not adversely affect the beneficial<br>uses of water.23-33-02. Administration of chapter. The state department of health shall administerthis chapter. For purposes of this chapter, "commissioner" means the agriculture commissioner<br>and "department" means the state department of health. Notwithstanding section 4-35-06, the<br>agriculture commissioner shall administer chapter 4-35 as it relates to pesticide usage.23-33-03.Education program.The department, the commissioner, and the NorthDakota state university extension service and North Dakota agricultural experiment station shall<br>cooperate with other state and federal agencies on the development of a ground water protection<br>education program.23-33-04. Chemical use data and confidentiality requirement. The department mayrequire chemical use data from product registrants on products that have been or may likely be<br>found in ground water in order to conduct its ground water protection program. This information<br>must include chemical registration data and sales information. The department shall keep this<br>information confidential.23-33-05.Ground water standards.The department shall establish standards forcompounds in ground water as set forth by other states and the United States environmental<br>protection agency unless new scientifically confirmed data provides justification for changing<br>these standards.23-33-06. Ground water quality monitoring. The department shall conduct groundwater quality monitoring activities in cooperation with the state engineer and other state<br>agencies. Based on monitoring results, the department shall implement or require appropriate<br>mitigation activities or remedial action to prevent future contamination of ground water. The<br>commissioner may implement or require appropriate mitigation activities pursuant to chapter<br>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 thepresence of contamination of ground water within the state shall notify the department regarding<br>such contamination.23-33-08.Access for ground water monitoring.The department may requestlandowners or operators to allow access for monitoring of ground water and of soils at a depth<br>where pesticides may threaten ground water.If the department is denied access by thelandowner or operator, the department may apply to any court of competent jurisdiction for<br>authorization to obtain access.The court, upon such application and upon compliance withchapter 29-29.1, may issue the authorization for the purposes requested. After consultation with<br>the landowner or operator, the department shall conduct the monitoring in a manner that causes<br>the least possible economic impact or hindrance to the landowner's or operator's operations.<br>The names and addresses of landowners and operators who participate in a ground water<br>monitoring program may not be linked, in any public disclosure, to the findings of the program<br>unless it is determined by rule that a compelling public interest justifies such disclosure. Without<br>such a determination, disclosure of the information is a violation of section 12.1-13-01.Page No. 123-33-09. Pollution prevention criteria. The commissioner, in cooperation with thedepartment, North Dakota state university extension service, and the North Dakota agricultural<br>experiment station, may develop pollution prevention criteria for areas utilized for mixing and<br>storing of agricultural chemicals at the retail and end use levels.23-33-10. Wellhead protection program. The department in cooperation with the stateengineer and state geologist shall assist in implementing a public water supply wellhead<br>protection program for protection of ground water resources utilizing existing state and local<br>statutory authority.23-33-11. Rules. The department, with the approval of the commissioner and the stateengineer, shall adopt rules necessary for implementation of this chapter.23-33-12. Producer liability. Liability may not be imposed upon an agricultural producerfor costs of active cleanup, or for any damage associated with or resulting from the detection in<br>ground water, of a pesticide if the applicator has complied with label instructions and other<br>precautions for application of the pesticide and the applicator has a valid appropriate applicator's<br>certification. Compliance with these requirements may be raised as an affirmative defense by an<br>agricultural producer.Page No. 2Document Outlinechapter 23-33 ground water protection
CHAPTER 23-33GROUND WATER PROTECTION23-33-01. Degradation prevention program - Maintenance of waters. This chapterestablishes a degradation prevention program for the purpose of protecting ground water<br>resources, encouraging the wise use of agricultural chemicals, providing for ground water<br>protection, providing for public education regarding preservation of ground water resources, and<br>providing for safe disposal of wastes in a manner that will not endanger the state's ground water<br>resource.Waters of the state must be maintained within standards established under thischapter unless it can be affirmatively demonstrated that a change in quality is justifiable to<br>provide necessary economic or social development and will not adversely affect the beneficial<br>uses of water.23-33-02. Administration of chapter. The state department of health shall administerthis chapter. For purposes of this chapter, "commissioner" means the agriculture commissioner<br>and "department" means the state department of health. Notwithstanding section 4-35-06, the<br>agriculture commissioner shall administer chapter 4-35 as it relates to pesticide usage.23-33-03.Education program.The department, the commissioner, and the NorthDakota state university extension service and North Dakota agricultural experiment station shall<br>cooperate with other state and federal agencies on the development of a ground water protection<br>education program.23-33-04. Chemical use data and confidentiality requirement. The department mayrequire chemical use data from product registrants on products that have been or may likely be<br>found in ground water in order to conduct its ground water protection program. This information<br>must include chemical registration data and sales information. The department shall keep this<br>information confidential.23-33-05.Ground water standards.The department shall establish standards forcompounds in ground water as set forth by other states and the United States environmental<br>protection agency unless new scientifically confirmed data provides justification for changing<br>these standards.23-33-06. Ground water quality monitoring. The department shall conduct groundwater quality monitoring activities in cooperation with the state engineer and other state<br>agencies. Based on monitoring results, the department shall implement or require appropriate<br>mitigation activities or remedial action to prevent future contamination of ground water. The<br>commissioner may implement or require appropriate mitigation activities pursuant to chapter<br>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 thepresence of contamination of ground water within the state shall notify the department regarding<br>such contamination.23-33-08.Access for ground water monitoring.The department may requestlandowners or operators to allow access for monitoring of ground water and of soils at a depth<br>where pesticides may threaten ground water.If the department is denied access by thelandowner or operator, the department may apply to any court of competent jurisdiction for<br>authorization to obtain access.The court, upon such application and upon compliance withchapter 29-29.1, may issue the authorization for the purposes requested. After consultation with<br>the landowner or operator, the department shall conduct the monitoring in a manner that causes<br>the least possible economic impact or hindrance to the landowner's or operator's operations.<br>The names and addresses of landowners and operators who participate in a ground water<br>monitoring program may not be linked, in any public disclosure, to the findings of the program<br>unless it is determined by rule that a compelling public interest justifies such disclosure. Without<br>such a determination, disclosure of the information is a violation of section 12.1-13-01.Page No. 123-33-09. Pollution prevention criteria. The commissioner, in cooperation with thedepartment, North Dakota state university extension service, and the North Dakota agricultural<br>experiment station, may develop pollution prevention criteria for areas utilized for mixing and<br>storing of agricultural chemicals at the retail and end use levels.23-33-10. Wellhead protection program. The department in cooperation with the stateengineer and state geologist shall assist in implementing a public water supply wellhead<br>protection program for protection of ground water resources utilizing existing state and local<br>statutory authority.23-33-11. Rules. The department, with the approval of the commissioner and the stateengineer, shall adopt rules necessary for implementation of this chapter.23-33-12. Producer liability. Liability may not be imposed upon an agricultural producerfor costs of active cleanup, or for any damage associated with or resulting from the detection in<br>ground water, of a pesticide if the applicator has complied with label instructions and other<br>precautions for application of the pesticide and the applicator has a valid appropriate applicator's<br>certification. Compliance with these requirements may be raised as an affirmative defense by an<br>agricultural producer.Page No. 2Document Outlinechapter 23-33 ground water protection
