§ 4.1-35-05 — Enforcement

1. The commissioner shall enforce this chapter and any rules adopted under this chapter.
2. The commissioner may seek an injunction in the district court in the county in which a
violation occurs or may issue a cease and desist order to any person for any alleged
violation of this chapter or any rules adopted under this chapter.
3. For the purpose of carrying out the provisions of this chapter, the commissioner and
the department of water resources may enter upon any public or private premises at
reasonable times in order to:
a. Have access for the purpose of inspecting any equipment subject to this chapter
and the premises on which the equipment is stored or used.
b. Inspect or sample lands actually, or reported to be, exposed to pesticides or
fertilizers through chemigation.
c. Inspect storage or disposal areas.
d. Inspect or investigate complaints of injury to humans or animals.
e. Sample pesticides and fertilizers and pesticide or fertilizer mixes being applied or
to be applied.
f. Observe the use and application of a pesticide or fertilizer through chemigation.
g. Have access for the purpose of inspecting a premise or other place where
equipment or devices used for chemigation are held for distribution, sale, or use.