Title 23.1 — Environmental Quality
18 chapters · 217 sections in this title.
N.D.C.C. § 23.1-11-01 Degradation prevention program - Maintenance of waters
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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 w…
N.D.C.C. § 23.1-11-02 Administration of chapter
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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 s…
N.D.C.C. § 23.1-11-03 Education program
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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.
N.D.C.C. § 23.1-11-04 Chemical use data and confidentiality requirement
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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 s…
N.D.C.C. § 23.1-11-05 Ground water standards
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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.
N.D.C.C. § 23.1-11-06 Ground water quality monitoring
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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 activitie…
N.D.C.C. § 23.1-11-07 Notification requirement
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A person with verifiable information on the presence of contamination of ground water within the state shall notify the department regarding the contamination.
N.D.C.C. § 23.1-11-08 Access for ground water monitoring
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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 j…
N.D.C.C. § 23.1-11-09 Pollution prevention criteria
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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 an…
N.D.C.C. § 23.1-11-10 Wellhead protection program
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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.
N.D.C.C. § 23.1-11-11 Rules
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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.
N.D.C.C. § 23.1-11-12 Producer liability
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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 o…