The state under various statutes has the established authority to provide for groundwater protection and pollution control. Under this chapter, the state has initiated a groundwater protection strategy, which encompasses all waters below the surface of the land in a zone of saturation. This strategy consists of a variety of programs, activities and funds established by this chapter and other related chapters. These functions include but are not limited to chapters 46A-1, 46A-2, and 46A-3A to 46A-3E, inclusive, which provide for the state water plan, the state conservancy district and the establishment of water development districts; chapter 45-2 which provides for geologic surveys; chapters 46-2, 46-2A, 46-5, and 46-6 which provide for the regulation of water rights, including appropriation of water, collection, preservation, and publication of data on groundwater, liability for damages to domestic and municipal wells, and regulation of drilling and construction of drinking water wells; chapter 34A-3A which provides for the regulation of public drinking water systems; chapter 34A-2 which provides for the protection and control of pollution to the groundwater, which includes groundwater discharge permits, a groundwater quality classification system, groundwater quality standards, underground storage tank and aboveground storage tank regulations, regulation of wastewater treatment facilities, and regulation of on–site disposal of wastewater; chapter 1-49 which provides for laboratory services related to environmental control; chapter 34A-13 which provides for a petroleum release compensation fund; chapter 34A-12 which provides for a regulated substance response fund; chapter 34A-6 which provides for the regulation of solid waste; chapter 38-19 which provides for the regulation of the use, storage and handling of fertilizers; chapter 38-21 which provides for the regulation of the use, storage and handling of pesticides; chapter 34A-2A which provides for the regulation of chemigation; chapter 34A-11 which provides for the regulation of hazardous wastes including special provisions for the regulation of polychlorinated biphenols; chapter 45-9 which provides for the regulation of oil and gas development including underground injection control permits; chapters 45-6B and 45-6C which provide for the regulation of mineral exploration, development, and mine reclamation; chapter 45-6 which provides for the regulation of sand and gravel operations; and chapter 45-6D which provides for the regulation of uranium exploration. These programs, activities and funds are all components of the state groundwater protection strategy and are used to maintain and improve the quality of the state’s groundwaters. Those agencies, departments and programs responsible for administering these and other groundwater related functions shall coordinate their activities to insure that comprehensive groundwater protection and management is being efficiently performed. The secretary, under the supervision of the Governor, shall be responsible for overseeing this coordination effort.

Source: SL 1989, ch 306, § 39.