reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-01 - Authority

Current through Supplement No. 393, July, 2024
The North Dakota state department of health has been
				  authorized to provide and administer this chapter relating to the control of
				  pollution from animal feeding operations under the provisions of North Dakota
				  Century Code section 61-28-04.
General Authority: NDCC 61-28-04
Law Implemented: NDCC
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-02 - Scope and purpose

Current through Supplement No. 393, July, 2024
This chapter establishes procedures governing the
				  application for, and the issuance, denial, modification, and revocation of,
				  permits for animal feeding operations to maintain beneficial uses of and
				  prevent degradation of quality of the waters of the state.
General Authority: NDCC 61-28-04
Law Implemented: NDCC
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-03 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 61-28, except:
1. "Animal feeding operation" means a lot or
				facility, other than an aquatic animal production facility, where the following
				conditions are met:
a. Animals, other than
				aquatic animals, have been, are, or will be stabled or confined and fed or
				maintained for a total of forty-five days or more in any twelve-month period;
				and
b. Crops, vegetation, forage
				growth, or post-harvest residues are not sustained in the normal growing season
				over any portion of the lot or facility.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-04 - Designation of concentrated animal feeding operations

Current through Supplement No. 393, July, 2024
1. The department
				may designate any small animal feeding operation as a concentrated animal
				feeding operation upon determining that it is a significant contributor of
				pollutants to waters of the state. In making this designation, the department
				shall consider the following factors:
a. The
				size of the animal feeding operation and the amount of wastes reaching waters
				of the state;
b. The location of
				the animal feeding operation relative to waters of the state;
c. The means of conveyance of animal wastes,
				manure, and process wastewater into waters of the state; and
d. The slope, vegetation, rainfall, and other
				factors affecting the likelihood or frequency of discharge of animal wastes,
				manure, and process wastewater into waters of the state.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-05 - Operations requiring a permit

Current through Supplement No. 393, July, 2024
The operator of an animal feeding operation shall apply for a
				  state animal feeding operation permit as follows:
1. Any animal feeding operation that has been
				defined as a concentrated animal feeding operation in section
				33-16-03.1-03 or
				designated a concentrated animal feeding operation under section
				33-16-03.1-04
				must obtain a state animal feeding operation permit .
2. Any medium animal feeding operation where
				manure or process wastewater from the operation causes or is likely to cause
				water pollution and is located within one-fourth mile [.40 kilometer] of a
				stream or surface water that contains water, except for infrequent periods of
				severe drought, shall apply for a state animal feeding operation permit or a
				"no potential to pollute" determination pursuant to section
				33-16-03.1-06.
				Waters completely contained on an owner's property and which do not combine or
				effect a junction with natural surface or underground waters are not
				included.
3. A medium or small
				animal feeding operation shall apply for a state animal feeding operation
				permit when the department has determined that manure or process wastewater
				from the operation causes or is likely to cause water pollution. In making this
				determination, the department shall consider the following factors:
a. The size of the animal feeding operation
				and the amount of wastes reaching waters of the state;
b. The location of the animal feeding
				operation relative to waters of the state;
c. The means of conveyance of animal wastes,
				manure, and process wastewater into waters of the state; and
d. The slope, vegetation, rainfall, and other
				factors affecting the likelihood or frequency of discharge of animal wastes,
				manure, and process wastewater into waters of the state.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-06 - No potential to pollute determination (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 61-28-04
Law Implemented: NDCC
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-08 - Facility requirements

Current through Supplement No. 393, July, 2024
1. A facility
				requiring a permit under this chapter must be located, designed, built,
				maintained, and operated to limit or prevent pollution of or the discharge of
				pollutants into waters of the state consistent with the North Dakota Livestock
				Program Design Manual, best professional judgment, best management practices,
				and pursuant to the requirements of North Dakota Century Code chapter 61-28,
				this chapter, and the facility's state animal feeding operation permit.
2. Nutrient management plan. A
				nutrient management plan must be developed and a copy maintained onsite by the
				owner or operator of any facility that land applies manure, litter, or process
				wastewater to cropland or grassland and is required to obtain a permit . These
				facilities must land apply manure litter or process wastewater in accordance
				with the current properly developed nutrient management plan. At a minimum the
				nutrient management plan must contain the following information:
a. Description of the land to which an
				operator has access for applying manure or process wastewater, or both, and
				adequate information to demonstrate that manure or process wastewater, or both,
				will be applied at agronomic rates. The agronomic rate for nitrogen must not
				exceed the plant utilization rate for the cropping year. Phosphorous must not
				be applied at rates exceeding the recommendations based on either the North
				Dakota phosphorous index, the North Dakota state university extension service
				soil tests, or other risk assessment methods approved by the
				department.
b. The proposed method
				and timing of land application of manure and process wastewater.
c. The precautions that will be taken to:
(1) Prevent manure and process wastewater
				from reaching waters of the state or areas where they have the potential to
				impact waters of the state; and
(2)
				Minimize odors to residences and public areas where people are present during
				transport and land application of manure.
d. Other information specified in the North
				Dakota Livestock Program Design Manual.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-09 - Recordkeeping and reporting requirements

Current through Supplement No. 393, July, 2024
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 records for
				water pollution control structures;
c. Reports and data required by this chapter,
				the North Dakota Livestock Program Design Manual, and the permit; and
d. A copy of this permit.
The department may request an extension of the record
				  retention period if a facility has failed to comply with these rules or permit
				  conditions or during the course of any unresolved litigation regarding the
				  discharge of pollutants by the operation. The information shall be provided to
				  department representatives upon request.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-10 - Enforcement and compliance

Current through Supplement No. 393, July, 2024
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 Dakota Century Code section 61-28-08.
2. No person may knowingly make a false
				statement, representation, or certification in any application, record, report,
				plan, or other document filed or required under this chapter or the permit. No
				person may knowingly falsify, tamper with, or provide inaccurate information
				regarding a monitoring well or other device required under this chapter or the
				permit.
3. Operators of permitted
				facilities that are not operating properly shall update those facilities to
				achieve compliance with this chapter and the conditions of the permit within a
				timeframe approved by the department.
4. If the department finds that a facility,
				which has not been covered by a state animal feeding operation permit within
				the last five years, is causing or is likely to cause pollution of waters of
				the state, or poses a significant threat to public health or safety, the
				operator will be notified that actions shall be taken to prevent the
				pollution.
5. Within one hundred
				twenty days following the notification described in subsection 4, the operator
				shall submit a compliance plan to prevent the facility from impacting waters of
				the state.
a. The compliance plan shall be
				prepared in accordance with the minimum requirements of this chapter and the
				North Dakota Livestock Program Design Manual. The plan shall contain adequate
				information to enable the department to determine whether the proposed measures
				will abate or prevent pollution of waters of the state. The operator also shall
				present a proposed schedule for plan implementation and completion.
b. If the compliance plan allows for
				operation of the facility in a manner that will not cause nor likely cause
				pollution of waters of the state, the department will issue a permit with a
				compliance schedule for construction. Approval of the permit shall be
				contingent upon any changes which may be required by the department after its
				review of the proposed plan. The construction must be completed within the
				timeframe specified in the compliance schedule.
c. If the approved compliance plan needs to
				be modified or amended during construction, the operator shall notify the
				department prior to making any modifications or amendments and they must be
				approved by the department.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-11 - Departmental inspection

Current through Supplement No. 393, July, 2024
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
				  shall be allowed:
1. To enter the
				facility site or area in which any records required to be kept under terms and
				conditions of the permit are stored;
2. To have access to and copy any records
				required to be kept under terms and conditions of the permit;
3. To inspect any monitoring equipment or
				water pollution control structures at the facility; or
4. To sample any discharge of pollutants.
The department representatives will abide by all security
				  measures implemented by the owner or operator to protect the health and safety
				  of the workers and the animals at the facility.
General Authority:
NDCC 61-28-04
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-12 - Prohibited activities

Current through Supplement No. 393, July, 2024
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 water; to bury
				the carcass near any such surface water; to dispose of a carcass in an area
				that will discharge into waters of the state; to dispose of a carcass in any
				structure used to store or treat liquid manure, process wastewater, or storm
				water unless the department-approved system is designed for such a purpose; or
				to dispose of a carcass in a manner that is in violation of North Dakota
				Administrative Code article 33-20 or North Dakota Century Code chapter
				36-14.
4. To cause pollution of
				waters of the state or to place or cause to be placed any wastes in a location
				where they are likely to cause pollution of waters of the state.
5. To discharge any pollutants into waters of
				the state thereby reducing the quality so as not to comply with the water
				quality standards established by the department, except facilities that are in
				compliance with subsection 6.
6. To
				discharge manure or process wastewater from a facility except:
a. The overflow of a properly operated manure
				storage structure due to a chronic or catastrophic rainfall greater than a
				twenty-five-year, twenty-four-hour event or greater than a one hundred-year,
				twenty-four-hour event for swine, chicken, turkey, or veal calf facilities;
				or
b. Seepage from the manure
				storage structures that is within the standards as specified in the North
				Dakota Livestock Program Design Manual.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33-16-03.1-13 - Public participation

Current through Supplement No. 393, July, 2024
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 and general state animal feeding
				operation permits.
2. The
				department shall provide a period of not less than thirty days during which
				time interested persons may submit comments. The period of comment may be
				extended at the discretion of the department.
3. The public notice must be placed in the
				official county newspaper or other daily or weekly newspaper circulated in the
				area of the proposed animal feeding operation. In the case of draft general
				permits, the public notice will be placed in applicable official county
				newspapers. The department may also use any other reasonable means to provide
				the public notice information to parties potentially affected.
4. The public notice must include at least
				the following:
a. Name, address, and telephone
				number of the agency issuing the public notice.
b. Name and address of the applicant and a
				brief description of the application information, including the proposed
				location of the facility. The exception would be draft general permits for
				which there is no specific applicant.
c. The date, time, and location of any
				scheduled public meeting or hearing.
d. An explanation of how to view or obtain
				materials (e.g., copy of design plans) related to the application and the
				department's review.
e. An
				explanation of how to submit comments.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-01 - Responsibility

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 61-28.1-03
Law Implemented:
NDCC
				  61-28.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-03 - Coverage

Current through Supplement No. 393, July, 2024
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 is not
				owned or operated by, a public water system to which these regulations
				apply;
3. Does not sell water to
				any person; and
4. Is not a carrier
				which conveys passengers in interstate commerce.
General Authority:
NDCC
					 61-28.1-03
Law Implemented:
NDCC
					 61-28.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-04 - Designated responsible individuals

Current through Supplement No. 393, July, 2024
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, recordkeeping, and
				  reporting required by these regulations. Any changes in designated individuals
				  or assigned responsibilities shall be promptly reported to the department.
General Authority:
NDCC 61-28.1-03
Law Implemented:
NDCC
				  61-28.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-05 - Approved laboratories and analytical procedures

Current through Supplement No. 393, July, 2024
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 shall be
				  made by a nephelometric method approved by the department. All methods of
				  sample preservation and analyses shall be as prescribed by the department and
				  set forth under title 40, Code of Federal Regulations, part 141.
General Authority: NDCC 61-28.1-03
Law Implemented: NDCC 61-28.1-03,
					 61-28.1-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-06 - Maximum contaminant levels, action levels, and treatment technique requirements, and maximum residual disinfectant levels

Current through Supplement No. 393, July, 2024
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 set forth
				under title 40, Code of Federal Regulations, part 141, subpart G.
CONTAMINANT
MAXIMUM CONTAMINANT
LEVEL MILLIGRAM(S)
PER LITER
ACTION LEVEL MILLIGRAM(S) PER LITER
TREATMENT TECHNIQUES REQUIREMENTS
Antimony
0.006
Arsenic
0.05 (until January 22, 2006)
0.010 (effective January 23, 2006)
Asbestos
7 million fibers per liter (longer than ten
								micrometers)
Barium
2
Beryllium
0.004
Cadmium
0.005
Chromium
0.1
Copper
The 90th percentile level must be less than or
								equal to 1.3
Source water and corrosion control treatment
Cyanide (as free cyanide)
0.2
Fluoride
4.0
Lead
The 90th percentile level must be less than or
								equal to 0.015
Source water and corrosion control treatment,
								public education, and lead service line replacement
Mercury
0.002
Nickel
0.1
Nitrate (as N)
10
Nitrite (as N)
1
Selenium
0.05
Thallium
0.002
Total Nitrate and Nitrite (as N)
10
At the discretion of the department, nitrate levels not to
				  exceed twenty milligrams per liter may be allowed in a noncommunity water
				  system if the supplier of water demonstrates to the satisfaction of the
				  department that:
a. Such water will
				not be available to children under six months of age;
b. There will be continuous posting of the
				fact that nitrate levels exceed ten milligrams per liter and the potential
				health effect of exposure;
c. Local
				and state public health authorities will be notified annually of nitrate levels
				that exceed ten milligrams per liter; and
d. No adverse health effects shall
				result.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-07 - Inorganic chemical sampling and monitoring requirements

Current through Supplement No. 393, July, 2024
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 chemicals, excluding lead and copper, as
				set forth under title 40, Code of Federal Regulations, part 141, subpart C.
b. Lead and copper. Community and
				nontransient noncommunity water systems shall comply with the monitoring and
				treatment technique requirements for lead and copper set forth under title 40,
				Code of Federal Regulations, part 141, subpart I, as amended July 1, 2009.
c. Unregulated contaminants.
				Community and nontransient
noncommunity water systems shall monitor for sulfate as set
				  forth under title 40, Code of Federal Regulations, part 141, subpart E.
d. Monitoring waivers. With the
				exception of arsenic, copper, lead, nitrate, and nitrite, the department may
				grant community and nontransient noncommunity water systems waivers from the
				monitoring requirements for the inorganic chemicals as set forth under title
				40, Code of Federal Regulations, part 141, subparts C and E. The department may
				issue monitoring waivers only if the conditions set forth under title 40, Code
				of Federal Regulations, part 142, subpart B, are fully met.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-08 - Organic chemical sampling and monitoring requirements

Current through Supplement No. 393, July, 2024
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. Sampling frequency. The number and
				frequency of samples shall be as prescribed by the department and set forth
				under title 40, Code of Federal Regulations, part 141, subpart C.
c. Compliance. Compliance for each point that
				is sampled shall be prescribed by the department and set forth under title 40,
				Code of Federal Regulations, part 141, subpart C.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-08.1 - Disinfectants, disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors

Current through Supplement No. 393, July, 2024
Public water systems shall conduct monitoring to determine
				  compliance with maximum contaminant levels, maximum residual disinfectant
				  levels, and treatment technique requirements for disinfectants, disinfection
				  residuals, disinfection byproducts, and disinfection byproduct precursors as
				  set forth under title 40, Code of Federal Regulations, part 141, subparts L and
				  V. Public water systems shall also comply with the requirements for conducting
				  an initial distribution system evaluation as set forth under title 40, Code of
				  Federal Regulations, part 141, subpart U.
General Authority: NDCC 61-28.1-03
Law Implemented: NDCC
					 61-28.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-10 - Radioactivity monitoring and compliance

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 61-28.1-03
Law Implemented: NDCC
					 61-28.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-12 - Monitoring of consecutive public water systems

Current through Supplement No. 393, July, 2024
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
				  modified monitoring shall be conducted pursuant to a schedule specified by the
				  department.
General Authority:
NDCC 61-28.1-03
Law Implemented:
NDCC
				  61-28.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-13 - Public notification

Current through Supplement No. 393, July, 2024
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, or
				  incur other situations posing a risk to public health. Owners and operators
				  must follow the form, manner, frequency, and content of a public notice as
				  prescribed by the department and set forth under title 40, Code of Federal
				  Regulations, part 141, subpart Q.
General Authority:
NDCC
					 61-28.1-03
Law Implemented:
NDCC
					 61-28.1-03,
					 61-28.1-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-13.1 - Consumer confidence reports

Current through Supplement No. 393, July, 2024
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 by the system and
				characterize risks from exposure to contaminants detected in the drinking
				water. For the purpose of the report, detected means at or above the levels set
				forth under title 40, Code of Federal Regulations, part 141, subpart
				O.
2.
Effective dates.
Existing community water systems shall deliverannual reports by July
				first of each year. Annual reports shall contain information collected by
				December thirty-first of the previous calendar year.
New community water systems shall deliver the first report by
				  July first of the year after its first full calendar year in operation and
				  subsequent reports by July first of each year. Community water systems that
				  sell water to other community water systems shall provide applicable
				  information to the buyer systems as set forth under title 40, Code of Federal
				  Regulations, part 141, subpart O.
3.
Content.
Each report shall
				contain the information set forth under title 40, Code of Federal Regulations,
				subpart O.
4.
Report
				delivery.
Community water systems shall comply with the report delivery
				requirements set forth under title 40, Code of Federal Regulations, subpart
				O.
General Authority:
NDCC
					 61-28.1-03
Law Implemented:
NDCC
					 61-28.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-16 - Siting

Current through Supplement No. 393, July, 2024
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 intake structures, not be
				within the floodplain of a one hundred year flood;
3. Prevent contamination of the water supply
				by existing sources of pollution; and
4. Provide sufficient property for water
				supply facilities to allow proper operation, maintenance, replacement, and
				storage of system components.
General Authority: NDCC 61-28.1-03
Law Implemented: NDCC
					 61-28.1-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-17 - Plans and specifications

Current through Supplement No. 393, July, 2024
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 approval prior
				to awarding of contracts. Such plans and specifications shall:
a. Be submitted in triplicate and in
				sufficient time to permit at least a two-week period for review and comment and
				with additional time to incorporate changes, if required;
b. Be presented in legible form and of
				sufficient scale to facilitate review;
c. Include supplemental information
				pertaining to basis of design, description of existing facilities, appraisal of
				future needs and such other information normally included in an engineer's
				report, as may be requested by the department; and
d. Be replaced by "as-built" plans when
				change orders result in major changes in the facilities.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-18 - Operation and maintenance

Current through Supplement No. 393, July, 2024
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 23-26 required certified operators for all public water systems except
				  those that serve other than year-round residents and meet all of the following
				  conditions:
1. The water supply is
				obtained solely from ground water sources that the department has determined
				are not under the direct influence of surface water.
2. Treatment, if provided, consists strictly
				of disinfection, fluoridation, sequestration, corrosion control, or other
				processes that involve simple chemical addition and minor operational
				control.
3. The water supply system
				is not required by the federal Safe Drinking Water Act or its implementing
				regulations to be operated by qualified personnel.
General Authority:
NDCC
					 61-28.1-03
Law Implemented:
NDCC
					 61-28.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-19 - Protection of public water systems

Current through Supplement No. 393, July, 2024
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 designed, installed, and maintained in such a manner as to
				prevent nonpotable liquids, solids, or gases from being introduced into the
				water through cross connections or any other piping connections to the
				system.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-20 - Ground water system - Source requirements

Current through Supplement No. 393, July, 2024
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, subpart S.
				  This applies to public water systems that are consecutive users but not to
				  subpart H systems and systems that combine all of their ground water with
				  surface water prior to treatment.
General Authority: NDCC 61-28.1-03
Law Implemented: NDCC
					 61-28.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-01 - Water Well Construction and Water Well Pump Installation › Section 33-18-01-01 - Responsibility

Current through Supplement No. 393, July, 2024
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
				  meaning of this chapter pursuant to North Dakota Century Code chapters 23-01,
				  43-35, and 61-28.1.
A person, partnership, association, or corporation may not
				  engage in the business of water well construction, the installation of water
				  well pumps, pitless units, or other appurtenances, or both, or drilling of
				  geothermal systems, unless a certified water well contractor, water well pump
				  and pitless unit installer, or geothermal system driller is in charge.
The certified water well contractor, water well pump and
				  pitless installer, or geothermal system driller in charge shall provide
				  inspection and supervision of all water well construction activities,
				  installation of water well pumps, pitless units, or other appurtenances, or
				  both, or drilling of geothermal systems.
General Authority: NDCC 43-35-19
Law Implemented: NDCC
					 43-35-19
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-01 - Water Well Construction and Water Well Pump Installation › Section 33-18-01-03 - Plans and specifications

Current through Supplement No. 393, July, 2024
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 chapter
				  33-03-08. The plans and specifications shall include:
1. Proposed well location.
2. Location and depths of existing wells,
				location of septic tanks, absorption fields, sewers, barnyards, feedlots,
				landfills, and high water marks of lakes or streams with a radius of five
				hundred feet [152.4 meters].
3.
				Elevation of highest known flood levels, upper terminal of well casing, floor
				of structure, and outside grade.
4. A schematic drawing of the well
				construction showing diameter and depth of drill holes, casing and liner
				diameters and depths, grouting depths, and other details as necessary to
				completely describe the proposed well.
5. Certification that the state engineer.
				North Dakota state water commission, has issued a conditional water permit for
				the beneficial use of water from the well to be constructed, if such a permit
				is required pursuant to North Dakota Century Code section 61-04-02.
Routine maintenance and repair does not require submission
				  of plans and specifications.
General Authority: NDCC 43-35-19
Law Implemented: NDCC
					 43-35-19
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-01 - Water Well Construction and Water Well Pump Installation › Section 33-18-01-04 - Location of wells

Current through Supplement No. 393, July, 2024
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 ground water movement by well
				pumping, and possibilities of flooding of the site by surface waters.
Based on experience, accepted minimum lateral distances for
				  some common sources of pollution with respect to a well have been established.
				  The lack of specific distances for other possible sources of contamination such
				  as refuse disposal sites, excavations, waste treatment facilities, buried oil
				  and gasoline storage tanks, improperly constructed wells and cisterns, etc.,
				  does not minimize their potential hazards.
Click here
				  to view Image
The site should be on high ground and be:
a. At least one hundred feet [30.48 meters]
				(fifty feet [15.24 meters] for private wells) from privy pits, cesspools,
				septic tanks, absorption fields, barnyards, feedlots, high water marks of
				lakes, streams, sloughs, ponds, etc., when well is constructed in
				unconsolidated soils with filtering properties.
b. At least thirty feet [9.14 meters] from
				sewerlines.
c. At least ten feet
				[3.05 meters] from basements or pits.
d. At least twenty feet [6.1 meters] from
				overhead powerlines and other hazardous devices. Note North Dakota
				Administrative Code section
				24-02-01-03.
Greater distances are always preferable and often necessary,
				  depending upon soil conditions. When wells are constructed in consolidated
				  formations, care must be taken in locating the wells as pollutants have
				  traveled great distances in such formations.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-01 - Water Well Construction and Water Well Pump Installation › Section 33-18-01-06 - General well construction requirements

Current through Supplement No. 393, July, 2024
1.
Construction water.
Water
				used in the drilling process shall be obtained from a source which will not
				result in contamination of the well. Chlorination of the water with an initial
				dosage of not less than fifty milligrams per liter (one gallon [3.78 liters] of
				laundry bleach or 0.6 pounds [1.32 kilograms] of calcium hypochlorite per one
				thousand gallons [3.78 kiloliters] of drilling water) is recommended.
Waters from surface sources must be chlorinated with a
				  minimum dosage of one hundred milligrams per liter (two gallons [7.56 liters]
				  of laundry bleach or 1.2 pounds [2.64 kilograms] of calcium hypochlorite per
				  one thousand gallons [3.78 kiloliters] of drilling water).
2.
Ferrous well casing.
a. General. Casing and liner pipe of wrought
				iron or steel through ten inches [25.4 centimeters] in diameter shall be prime
				pipe meeting current American Society for Testing and Materials Schedule 40, or
				equivalent specifications. Larger diameter pipes shall have a minimum wall
				thickness of three hundred seventy-five thousandths of an inch [0.952
				centimeter].
All casing shall have additional thickness and weight if
				  standard thickness is not considered sufficient to assure reasonable life
				  expectancy of the well or be capable of withstanding forces to which they are
				  subjected.
b. Drive shoe.
				Pipe that is to be driven shall be equipped with a drive shoe or other device
				approved by the department.
c.
				Joints. Casing and liner pipe joints shall be properly welded or threaded.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-01 - Water Well Construction and Water Well Pump Installation › Section 33-18-01-07 - Pump installation for water wells

Current through Supplement No. 393, July, 2024
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 pump base. The pumproom
				floor shall be provided with a floor drain discharging to a sump at least
				twenty-five feet [7.62 meters] from the well.
b. Vents. Provisions shall be made for
				venting the well casing to the atmosphere. There shall be no holes in the pump
				base which might allow wastewater or other material to enter the well. A
				breather tube shall be installed of sufficient size to permit air to enter and
				leave the well freely with the changing of water elevation caused by starting
				and stopping the pump. The breather tube shall terminate in a full
				one-hundred-eighty-degree bend at least eighteen inches [45.72 centimeters]
				above the floor, securely screened with sixteen mesh wire screen. If the
				breather tube or a depth gauge line passes through the base of the pump or
				through the seal connection into the well, the hole about the tube shall be
				sealed.
c. Water level
				measurement. An access plug for a measuring tape or an air line and drawdown
				gauge for determining location of the water level shall be installed during the
				installation of the pump on all public wells. Installation of permanent water
				level measuring equipment shall be made using corrosion-resistant materials
				firmly attached, in a vertical position, to the drop pipe or pump column in
				such a manner as to prevent entrance of foreign materials. The air line shall
				extend from the top of the well to several feet [meters] below the lowest
				anticipated water level. The length of the air line shall be accurately
				measured and the length recorded.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-01 - Water Well Construction and Water Well Pump Installation › Section 33-18-01-08 - Storage tanks

Current through Supplement No. 393, July, 2024
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.
b. Hydropneumatic tanks must have a working
				pressure rating in excess of the maximum system pressure but not less than
				seventy-five pounds per square inch [34.02 kilograms per 6.45 square
				centimeters].
c. All tanks must be
				coated or made of materials resistant to corrosion.
d. All tanks must be constructed of materials
				or coatings which are nontoxic.
e.
				All tanks must be provided with a means of draining.
f. Atmospheric storage tanks must be provided
				with a cover to prevent the entrance of unauthorized persons, dirt, or vermin.
				The cover must be vented with a return bend vent pipe having an area not less
				than the area of the downfeed riser pipe and the vent must be screened with
				corrosion-resistant screen having not less than fourteen and not more than
				twenty openings per linear inch [2.54 centimeters].