§ 61-28.1-03 — Powers and duties of department

North Dakota § 61-28.1-03

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-28.1: Safe Drinking Water Act

Text

The department may exercise the following powers and shall have the following duties:
1. Administer and enforce a safe drinking water program pursuant to the provisions of
this chapter.
2. Provide technical assistance on request to public water systems of the state and other
persons, and cooperate with appropriate federal agencies.
3. Advise, consult, and cooperate with other public agencies and with affected groups
and industries.
4. Issue such orders as may be necessary to effectuate the purposes of this chapter and
enforce the same by all appropriate administrative and judicial process.
5. Maintain an inventory of public water systems within the state, which inventory may
consist of such information as the department deems necessary.
6. Conduct sanitary surveys of public water systems within the state.
7. Adopt rules and regulations relating to maximum contaminant levels, monitoring and
analytical requirements and reporting, public notification, and recordkeeping which the
department determines are necessary to protect public health and welfare.
8. Adopt rules and regulations relating to the siting, construction, operation, and
modification of public water systems which the department determines are necessary
to prevent violation of maximum contaminant levels.
9. Require the submission of plans, specifications, and such other information as it
deems necessary.
10. Establish a plan for the provision of safe drinking water under emergency
circumstances.

11. Require each supplier of water to keep such records and make such reports to the
department as it may deem necessary.
12. Establish a schedule of fees that may be charged by the department for laboratory
tests conducted at the request of any supplier of water. Such fees shall be deposited in
the general fund.
13. Require any supplier of water to notify the users of such public water system of any
violations of any provision of this chapter, any regulation, the terms or conditions of
any approval, any variance or exemption, or any order issued by the department.
14. Request and accept grants of funds or services from any federal or state agency, or
any other source, public or private, and to administer such grants in accordance with
any terms or conditions thereof. Any such grants received shall be used only for the
purposes for which they are made.
15. Designate the department of environmental quality as the state safe drinking water
agency for all purposes of the federal Safe Drinking Water Act and is authorized to
take all actions necessary and appropriate to secure for the state the benefit of such
Act and any grants made thereunder.
16. Ensure that all new public water systems, excluding those that principally provide
service to transients, commencing operation after October 1, 1999, demonstrate
technical, managerial, and financial capacity to comply with all rules adopted under
this chapter which are in effect, or will be in effect, on the date of commencement of
operations.
17. Develop and implement a strategy to assist all public water systems in acquiring and
maintaining technical, managerial, and financial capability to comply with all rules
adopted under this chapter.