23.8029.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2074
of North Dakota
Introduced by
Energy and Natural Resources Committee
(At the request of the Department of Environmental Quality)
1 A BILL for an Act to amend and reenact section 23.1-11-08 of the North Dakota Century Code,
2 relating to ground water monitoring.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 23.1-11-08 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 23.1-11-08. Access for ground water monitoring.
7 The department may request landowners or operators allow access for monitoring of
8 ground water and of soils at a depth where pesticides may threaten ground water. If the
9 department is denied access by the landowner or operator, the department may apply to any
10 court of competent jurisdiction for authorization to obtain access. The court, upon the
11 application and compliance with chapter 29-29.1, may issue the authorization for the purposes
12 requested. After consultation with the landowner or operator, the department shall conduct the
13 monitoring in a manner that causes the least possible economic impact or hindrance to the
14 landowner's or operator's operations. The names and addresses of landowners and operators
15 who participate in a pesticide ground water monitoring program may not be linked, in any public
16 disclosure, to the findings of the program unless it is determined by rule that a compelling public
17 interest justifies the disclosure. Without that determination, disclosure of the information is a
18 violation of section 12.1-13-01are not public records subject to section 44-04-18 and section 6
19 of article XI of the Constitution of North Dakota. This section does not apply to ground water
20 monitoring from wells that were installed or required to be installed by a state agency.
Page No. 1 23.8029.01000


Statutes affected:
INTRODUCED: 23.1-11-08
FIRST ENGROSSMENT: 23.1-11-08
Enrollment: 23.1-11-08