North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-88.1 - Special procedures for increased density wells, pooling, flaring exemption, underground injection, commingling, converting mineral wells to freshwater wells, and central tank battery or central production facilities applications

Current through Supplement No. 393, July, 2024
1. Applications to
				amend field rules to allow additional wells on existing spacing units, for
				pooling under North Dakota Century Code section 38-08-08, for a flaring
				exemption under North Dakota Century Code section 38-08-06.4 and section 43-02-03-60.2, for underground injection under  43-02-05, for
				commingling in one well bore the fluids from two or more pools under section 43-02-03-42, for converting a mineral well to a freshwater well under section 43-02-03-35, and for establishing central tank batteries or central production
				facilities under section 43-02-03-48.1, must be signed by the applicant or the
				applicant's representative. The application must contain or refer to
				attachments that contain all the information required by law as well as the
				information the applicant wants the commission to consider in deciding whether
				to grant the application. The application must designate an employee or
				representative of the applicant to whom the commission can direct inquiries
				regarding the application.
2. The
				commission shall give the county auditor notice at least fifteen days prior to
				the hearing of any application in which a request for a disposal under  43-02-05 is received.
3. The
				applications referred to in subsection 1 will be advertised and scheduled for
				hearing as are all other applications received by the commission. The
				applicant, however, unless required by the director, need not appear at the
				hearing scheduled to consider the application, although additional evidence may
				be submitted prior to the hearing. Any interested party may appear at the
				hearing to oppose or comment on the application. Any interested party may also
				submit written comments on or objections to the application prior to the
				hearing date. Such submissions must be received no later than five p.m. on the
				last business day prior to the hearing date and may be part of the record in
				the case if allowed by the hearing examiner.
4. The director is authorized, on behalf of
				the commission, to grant or deny the applications referred to in subsection
				1.
5. In any proceeding under this
				section, the applicant, at the hearing, may supplement the record by offering
				testimony and exhibits in support of the application.
6. In the event the applicant is not required
				by the director to appear at the hearing and an interested party does appear to
				oppose the application or submits a written objection to the application, the
				hearing examiner shall continue the hearing to a later date, keep the record
				open for the submission of additional evidence, or take any other action
				necessary to ensure that the applicant, who does not appear at the hearing as
				the result of subsection 3, is accorded due process.
General Authority:
NDCC 38-08-04,
					 38-08-11
Law Implemented:
NDCC 38-08-04,
					 38-08-08