North Dakota Administrative Code

1. The operator of a facility requiring a permit under this chapter shall record and maintain the following for a period of not less than three years: a. Any sampling, testing, and monitoring results as required by this chapter or by the department; b. Maintenance and inspection …

1. The department shall evaluate all reports, notifications, and data submitted by an operator in compliance with this chapter and the state animal feeding operation permit. The department shall investigate all apparent violations for possible enforcement action pursuant to North…

Authorized representatives of the department may request access to a facility site under authority of North Dakota Century Code Section 61-28-04. The owner or operator of a facility may request to see the representatives' credentials. Authorized representatives of the department …

It shall be unlawful for any person: 1. To feed any livestock on the ice cover of streams or lakes. 2. To create or maintain an immediate threat to human, public, or environmental health. 3. To dispose of an animal carcass along or in any stream, lake, river, or other surface wat…

1. If the department determines a significant degree of public interest exists regarding new or expanding facilities, or significant revisions to a facility's nutrient management plan, it shall issue a public notice requesting comment on applications for both individual permits a…

It is the responsibility of any supplier of water to comply within the meaning of this chapter pursuant to North Dakota Century Code chapter 61-28.1. History: Effective January 1, 2019. General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 61-28.1-03; …

For the purpose of this chapter the following definitions shall apply: 1. "Action level" means the concentration of lead or copper in water specified in title 40 Code of Federal Regulations part 141, subpart I, section 141.80(c), that determines, in some cases, the treatment requ…

This chapter applies to all public water systems except those public water systems which meet all of the following conditions: 1. Consists only of distribution and storage facilities and does not have any collection and treatment facilities; 2. Obtains all of its water from, but …

The owner or operating entity of each public water system shall designate an individual, or individuals, who shall be responsible for communicating with the department in matters relating to system construction or alteration, monitoring and sampling, maintenance, operation, recor…

All samples shall be examined by the department or by any other laboratory certified by the department for drinking water purposes, except that measurements for turbidity and free chlorine may be performed by any person deemed qualified by the department. Turbidity measurements s…

requirements, and maximum residual disinfectant levels. 1. Inorganic chemicals. The maximum contaminant levels, action levels, and treatment technique requirements for inorganic chemical contaminants excluding disinfection byproducts shall be as prescribed by the department and s…

1. Sampling frequency for community and nontransient noncommunity water systems. a. Inorganics excluding lead and copper. Community and nontransient noncommunity water systems shall conduct monitoring to determine compliance with the maximum contaminant levels for the inorganic c…

1. Volatile and nonvolatile synthetic organic chemicals. a. Coverage. Community and nontransient noncommunity water systems shall conduct monitoring to determine compliance with the maximum contaminant levels for the volatile and nonvolatile synthetic organic chemicals. b. Sampli…

disinfection byproduct precursors. Public water systems shall conduct monitoring to determine compliance with maximum contaminant levels, maximum residual disinfectant levels, and treatment technique requirements for disinfectants, disinfectant residuals, disinfection byproducts,…

1. Coverage. All subpart H systems shall conduct monitoring to determine compliance with the treatment technique requirements for filtration and disinfection. 2. Systems utilizing surface water sources. All subpart H systems that utilize surface water sources shall comply with th…

Community water systems shall sample for gross alpha particle activity, radium-226, radium-228, and uranium. Monitoring frequency and compliance shall be as prescribed by the department and set forth under title 40 Code of Federal Regulations parts 141.26 and 141.66. History: Eff…

1. Monitoring requirements. a. General. The provisions set forth under title 40 Code of Federal Regulations part 141, subpart Y, include both the maximum contaminant level and treatment technique requirements for all public water systems. b. Sample siting plans. All total colifor…

When a public water system supplies water to one or more other public water systems, the department may modify the monitoring requirements imposed to the extent that the interconnection of the systems justifies treating them as a single system for monitoring purposes. Any modifie…

All public water systems are required to notify the public they serve when they fail to comply with the requirements of the national primary drinking water regulations (NPDWRs), fail to comply with the requirements of any schedule prescribed pursuant to a variance or exemption, o…

1. Coverage and general requirements. Community water systems shall deliver an annual consumer confidence report to all billing units or service connections provided drinking water by the system. The report shall contain information on the quality of the drinking water delivered …

1. Reporting requirements for systems. Except when a shorter reporting period is specified, the system shall report to the department the result of any test, measurement, or analysis required within the first ten days following the month in which the results are received or the f…

1. General authority and limitations. The department may grant a variance to a public water system from any treatment technique requirement except the treatment technique requirements for filtration and disinfection set forth under title 40 Code of Federal Regulations part 141, s…

All new, altered, or expanded public water systems including wells and treatment and storage facilities necessary for the continuous operation of the system shall be located so as to: 1. Minimize potential breakdown as a result of floods, fires, or other disasters; 2. Except for …

1. Submission of plans. Plans and specifications shall be prepared for all new public water systems and for alterations or extensions to existing systems. Such plans and specifications, together with other pertinent information, shall be submitted to the department for review and…

Public water systems shall be supervised by competent personnel and modified, operated, and maintained in accordance with guidelines that may be developed or amended by the department. North Dakota Century Code chapter 23.1-07 required certified operators for all public water sys…

1. Cross-connection control. a. Cross connections are prohibited except when and where, as approved by the authority having jurisdiction, suitable protective devices are installed, tested, and maintained to ensure proper operation on a continuing basis. b. A system shall be desig…

In addition to the remaining provisions of this chapter, public water systems utilizing ground water sources shall comply with the monitoring and treatment technique requirements and undergo sanitary surveys as set forth under title 40 Code of Federal Regulations part 141, subpar…

It is the responsibility of any person, partnership, association, or corporation engaged in the business of construction of water wells, the installation of water well pumps, pitless units, or other appurtenances, or both, or drilling of geothermal systems, to comply within the m…

For the purpose of this chapter, the following definitions shall apply: 1. "Abandoned well" means a well whose use has been permanently discontinued. 2. "Annular space" means the opening between a well hole excavation and the well casing or curb, or between a casing pipe and a li…

No public water well shall be constructed or modified, or water well pump, pitless unit, or other appurtenances be installed without prior approval of plans and specifications. Plans and specifications shall be submitted to the department for review prior to construction. Note ch…

1. Relation to sources of contamination. Determination of minimum lateral distances of a well from potential sources of contamination, involves evaluation of the character and location of the sources of contamination, types of geologic formations, depth to the aquifer, effect on …

1. Minimum protective depths of wells. All wells shall be watertight to exclude contamination. Wells shall be designed to seal off formations that are or may be contaminated or undesirable. Unless approved otherwise by the department, the annular space between a well hole excavat…

1. Pumphouse appurtenances. The installation of necessary appurtenances for public wells shall be as illustrated in pump installation details contained in the diagrams attached to this chapter. a. Floor drain. The pumproom floor shall be watertight and shall slope away from the p…

1. Public water systems. Storage equipment for public water systems must be as shown on approved plans and specifications. 2. Private water systems. Storage equipment must be as follows: a. All tanks must be certified under water system council standards for size and pressure. 14…

1. Water service pipe. a. Public water systems. Water service pipe from the well to the point of entrance to a pumphouse or building must be as shown on approved plans and specifications. b. Private water systems. Water service pipe from the well to point of entrance to a pumphou…

All wells discharging to sources of contamination, such as livestock watering tanks, must be provided with an approved backflow prevention device or an airgap to prevent the backflow or siphonage of contaminants into the well. The airgap should provide a minimum vertical distance…

The purpose of this chapter is to establish minimum acceptable standards for the design, installation, construction, decommissioning, and documentation of boreholes and ground water monitoring wells. History: Effective January 1, 2019. General Authority: NDCC 43-35-19.2; S.L. 201…

The installation, construction, and decommissioning of boreholes and ground water monitoring wells must be supervised onsite by a certified and licensed contractor. History: Effective January 1, 2019. General Authority: NDCC 43-35-19.2; S.L. 2017, ch. 199, § 1 Law Implemented: ND…

1. Injection wells for the oil and gas industry; 2. Boreholes, piezometers, and monitoring wells for dams; 3. Monitoring well or borehole construction used for mineral exploration addressed under existing federal or state law; 4. Boreholes advanced above an aquifer for the purpos…

The terms used in this chapter have the same meaning as in North Dakota Century Code chapter 43-35, except that: 1 1. "Annular-space: annulus" means the space between a casing and a riser or between the riser and the borehole. 2. "Aquifer" means a water-bearing formation that tra…

1. Prior to the initiation of assessment activities in response to a contaminant release or when prior departmental approval is required, under existing state statute boreholes and monitoring wells must be installed at practicable locations based on plans and specifications appro…

1. This subsection applies to areas not likely having subsurface contamination. a. Whenever feasible, drilling methods should not introduce water or fluids into the borehole and should optimize cuttings control at ground surface. The selected drilling method must reflect the purp…

1. A written log must be kept which records the depth below ground surface of the boundaries of all strata encountered when drilling a borehole. Each stratum encountered must be described using generally accepted geologic terminology. 2. The certified monitoring well contractor m…

1. Riser. a. Specifications. The riser for a monitoring well must retain structural integrity for the duration of the monitoring period under actual subsurface conditions. (1) The riser and couplings must be constructed of materials that neither absorb nor leach chemical constitu…

All monitoring wells must be developed as follows: 1. The waiting period for monitoring well development after completion of well installation shall allow setup of sealants. 2. The monitoring well must be developed utilizing procedures that are compatible with the monitoring obje…

1. The department may require by written notification an owner of the site of a borehole or monitoring well to decommission the borehole or monitoring well when necessary to: a. Eliminate physical hazards on the surface; b. Prevent contamination of ground water; c. Prevent interm…

It is the responsibility of any person or persons operating a water treatment, water distribution and storage, wastewater treatment, or wastewater collection and transfer facility or system to comply with this chapter pursuant to North Dakota Century Code chapter 23.1-07. History…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Direct responsible charge" means full and active performance of onsite operation of a water or wastewater treatment facility or a water distribution and storage or wastewater collection and tran…

1. The official census must be used to determine the population served by a water treatment facility, water distribution and storage system, wastewater treatment facility, or wastewater collection and transfer system if population equivalent data is not available. 2. The total nu…

Applications for certification must be approved by the department fifteen days prior to the examination on appropriate forms. An application remains valid for a period of six months from the date of submission. History: Effective January 1, 2019; amended effective April 1, 2026. …