reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-29 - Central production facility -Commingling of production

Current through Supplement No. 393, July, 2024
1. The director
				shall have the authority to approve requests to consolidate production
				equipment at a central location.
2.
				Commingling of production from two or more wells in a central production
				facility is prohibited unless approved by the director. There are two types of
				central production facilities that may be approved by the director.
a. A central production facility in which all
				production going into the facility has common ownership (working interests,
				royalty interests, and overriding royalties), known as a common ownership
				central production facility. The director may approve a common ownership
				central production facility provided the production from each well can be
				accurately determined at reasonable intervals.
b. A central production facility in which
				production going into the facility has diverse ownership, known as a diverse
				ownership central production facility. The director may approve a diverse
				ownership central production facility provided the production from each well is
				accurately metered prior to commingling. A diverse ownership central production
				facility that is not metered prior to commingling may only be approved by the
				commission after notice and hearing.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-30 - Production equipment, dikes, and seals

Current through Supplement No. 393, July, 2024
Storage of brine solution in underground or partially buried
				  tanks or containers is prohibited. Surface tanks and production equipment must
				  be devoid of leaks and in good condition. Unused tanks and production equipment
				  must be removed from the site or placed into service, within a reasonable time
				  period, not to exceed one year. Dikes must be erected and maintained around
				  tanks at any production facility.
Dikes must be erected around tanks at any new production
				  facility within thirty days after the well has been completed. Dikes as well as
				  the base material under the dikes and within the diked area must be constructed
				  of sufficiently impermeable material to provide emergency containment. Dikes
				  must be of sufficient dimension to contain the total capacity of the largest
				  tank plus one day's fluid production. The required capacity of the dike may be
				  lowered by the director if necessity can be demonstrated to the director's
				  satisfaction.
Numbered metal security seals shall be properly utilized on
				  all access valves and access points to secure the tank or battery of
				  tanks.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-31 - Tank cleaning permit

Current through Supplement No. 393, July, 2024
No tank bottom waste shall be removed from any tank used for
				  the storage or sale of crude oil without prior approval by the director Verbal
				  approval may be given. Prior approval to remove tank bottom waste from tanks
				  not used for the storage or sale of crude oil is not required.
Within thirty days of the removal of the tank bottom waste of
				  any tank used for the storage or sale of crude oil, the owner or operator shall
				  submit a report (form 10-sm) showing an accurate gauge of the contents of the
				  tank and the amount of merchantable oil determinable from a representative
				  sample of the tank bottom by the standard centrifugal test as prescribed by the
				  American petroleum institute's code for measuring, sampling, and testing crude
				  oil.
Within thirty days of the removal of the tank bottom waste of
				  any permanent tank not used for the storage or sale of crude oil, the owner or
				  operator shall submit a sundry notice (form 4-sm) detailing the cleaning
				  operation.
All tank bottom waste must be disposed of in a manner
				  authorized by the director and in accordance with all applicable local, state,
				  and federal laws and regulations. Nothing contained in this section shall apply
				  to reclaiming of pipeline break oil or the treating of tank bottoms at a
				  pipeline station, crude oil storage terminal, or refinery or to the treating by
				  a gasoline plant operator of oil and other catchings collected in traps and
				  drips in the gas-gathering lines connected to gasoline plants and in scrubbers
				  at such plants.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-32 - Saltwater handling facilities

Current through Supplement No. 393, July, 2024
1. All saltwater liquids or brines produced
				shall be processed, stored, and disposed of without pollution of freshwater
				supplies. At no time shall saltwater liquids or brines be allowed to flow over
				the surface of the land or into streams.
2. Underground injection of saltwater liquids
				and brines for the purpose of solution mining shall be in accordance with
				chapter 43-02-02.1.
3. Underground
				injection of a waste product shall be in accordance with 33-25-01.
4. The operator shall take steps to minimize
				the amount of solids stored at the facility.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-33 - Secondary containment - General requirements

Current through Supplement No. 393, July, 2024
Secondary containment measures at a wellhead or surface
				  facility shall meet all of the following requirements:
1. The sidewalls and floor of a secondary
				containment area shall be constructed of sufficiently impermeable material to
				provide emergency containment.
2.
				Dikes or firewalls shall be maintained and the enclosure kept free of waste
				products, stored products, tank bottoms, brine, water, vegetation, debris, and
				any flammable or combustible material.
3. Dikes must be of sufficient dimension to
				contain the total capacity of the largest tank plus one day's fluid
				production.
4. An operator shall
				install an automatic surface facility shutdown system designed to prevent
				liquids from overflowing the secondary containment area. A surface facility
				shall be exempt from the requirement of an automatic shutdown system if the
				facility has staff present while operating and is equipped with alarm systems
				on the storage tank or tanks.
5.
				All transfer and injection pumps shall have leak containment constructed to
				prevent the seepage of any liquids moved by the pump or any lubricating oils
				into the surrounding soils, surface waters, or ground water.
6. Wellheads and flare stacks shall have
				secondary containment and spill containment areas constructed in a manner to
				prevent the seepage of waste product, stored product, or brine into the
				surrounding soils, surface waters, or ground water. Secondary containment at
				the wellhead shall be constructed in a manner to capture leakage of liquid that
				may occur. In addition, if the wellhead is equipped with a pump jack utilizing
				a gasoline or diesel-powered engine, then the engine shall also have secondary
				containment that is sufficient to prevent the seepage of any machine oils or
				fuels into the surrounding soils, surface waters, or ground water.
7. An operator shall keep secondary
				containment areas free of standing liquid. All spills in a secondary
				containment area shall be pumped up within forty-eight hours of discovering the
				spill.
8. An operator shall submit
				to the director a plan for inspections and monitoring of active wells and
				surface facilities.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-34 - Secondary containment - Vessels

Current through Supplement No. 393, July, 2024
A vessel at a surface facility shall be elevated and placed
				  on impervious pads or constructed so that any leakage can be easily detected. A
				  vessel that is to be used onsite for thirty days or less shall, at a minimum,
				  be placed on leak-resistant material installed in a manner to contain spills or
				  leaks.
A waste product, stored product, or brine storage vessel
				  shall be located in a secondary containment area.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-35 - Secondary containment - Loading and unloading areas

Current through Supplement No. 393, July, 2024
1. A truck loading
				and unloading area located outside of a secondary containment area shall be
				constructed and sealed in a manner that prevents the seepage of waste product,
				stored product, or brine into the surrounding soils, surface waters, or ground
				water. In addition, a ramp shall be constructed to contain any leakage from
				transfer operations at the vehicle being loaded or unloaded. The ramp area
				shall contain a sump and be connected to a secondary containment area so that
				any spillage drains into the sump and into the secondary containment area. The
				spill containment ramp and sump shall have a combined capacity of not less than
				one thousand gallons.
2. Sumps
				shall be constructed of materials impervious to the waste product, stored
				product, and brine and resistant to damage and deterioration during use. Sumps
				shall be connected to the ramp area and the secondary containment area in a
				manner that prevents leakage.
3.
				All loading and unloading facility transfer lines that are not in use shall be
				secured to prevent spillage. A shutoff valve shall be installed at the truck
				connect point and at the storage vessels. All shutoff valves shall be left in a
				normally closed position.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-36 - Secondary containment - Piping

Current through Supplement No. 393, July, 2024
All piping at a surface facility shall be routed above the
				  ground and kept within the secondary containment area where practicable. Piping
				  that cannot be routed above the ground shall have its location marked with
				  posts or with other location-identifying markers approved by the director so
				  that the buried piping can be easily located.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-37 - Secondary containment - Certification

Current through Supplement No. 393, July, 2024
Upon completion of the construction of a surface facility,
				  but before its use, an operator of a well shall certify to the director that
				  the secondary containment area is constructed according to the approved plan.
				  Following advance notice, the director may require an inspection of a surface
				  facility before it is put into service. If an inspection is required it shall
				  be conducted within five business days of the receipt of
				  certification.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-38 - Line markers for brine pipelines

Current through Supplement No. 393, July, 2024
If a pipeline conveys liquids to or from a well located
				  outside the perimeter of a manufacturing plant, it is subject to the provisions
				  of this section.
1. Except as provided
				in subsection 2, a marker shall be placed and maintained as close as
				practicable over each buried brine pipeline, as follows:
a. At each crossing of a public road and
				railroad.
b. When necessary to
				identify the location of the brine pipeline to reduce the possibility of damage
				or interference.
c. At the point of
				crossing of or under waterways and other bodies of water.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-39 - Pipelines - Records

Current through Supplement No. 393, July, 2024
An operator shall keep records covering each leak discovered,
				  repair made, pipeline break, pipeline patrol, and inspection for as long as the
				  segment of pipeline involved remains in service.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-40 - Purging, removal, and abandonment of lines andvessels

Current through Supplement No. 393, July, 2024
An operator of a well shall remove all flow lines and
				  vessels, including tanks, if the flow lines or vessels are not used for one
				  year and shall provide notification of the removal to the director. The
				  director may allow a line to be purged and abandoned in place upon written
				  application from the operator. The director may grant an exception to this
				  section upon written application.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-41 - Existing facilities - Maintenance

Current through Supplement No. 393, July, 2024
1. The operator of a well shall maintain all
				existing dikes or firewalls installed before July 1, 2013, and shall keep the
				containment area free of oil, emulsions, waste products, stored products, tank
				bottoms, brine, water, vegetation, debris, or any flammable or combustible
				material.
2. The director may
				require surface facilities constructed before July 1, 2013, to be upgraded to
				meet secondary containment requirements of this chapter if the facility is
				substantially modified or if losses have resulted in pollution.
3. Before any modification of a secondary
				containment area, other than routine maintenance, the operator of a well shall
				notify the director in writing. The notification shall include a modified
				secondary containment plan reflecting the proposed changes. The operator shall
				receive approval from the director before making the modification. The director
				shall approve or deny the request within eleven days of receipt of the request.
				The director may require an inspection of the modified secondary containment
				area before it is returned to service.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-42 - Operational practices

Current through Supplement No. 393, July, 2024
The operator shall conform to the following practices:
1. The mining and reclamation operation shall
				be designed and operated using the most appropriate technology and best
				management practices.
2. Public
				safety and welfare. The operator shall minimize hazards to the public safety
				and welfare during operations. Methods to minimize hazards shall include:
a. The disposal of trash, scrap metal and
				wood, and extraneous debris;
b. The
				plugging or capping of drill, core, or other exploratory holes pursuant to
				section 43-02-02-24;
c. The posting of appropriate warning signs
				in locations where public access to operations is readily available;
				and
d. The construction of berms,
				fences, or barriers above highwalls or other excavations.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-43 - Performance and reclamation standards and requirements

Current through Supplement No. 393, July, 2024
The land surface of the permit area will be restored as
				  nearly aspossible to its original condition unless conflicting with the
				  approved postminingland use. Each reclamation plan must be developed to meet
				  the site-specificcharacteristics of the mining operation and the site.
1. Most appropriate technology and best
				management practices.The mining operation and the reclamation plan shall be
				designedand operated using the most appropriate technology and the
				bestmanagement practices.
2.
				Contemporaneous reclamation. Contemporaneous reclamation isrequired to the
				maximum extent practicable and in a manner that isconsistent with the approved
				reclamation plan. All reclamation workthrough seeding must be completed within
				three years of completionof mining.
3. Assure protection. The mining operation
				and completed reclamationshall meet the following requirements established to
				assure protectionof human health and safety, the environment, wildlife, and
				domesticanimals.
a. Signs, markers, and
				safeguarding. Measures will be taken tosafeguard the public to prevent falls
				from highwalls or pit edges.Depending on site-specific characteristics, the
				following measuresshall be required:
(1)
				Posting warning signs in locations near hazardous areas;
(2) Restricting access to hazardous
				areas;
(3) Marking the permit area
				boundaries;
(4) Posting a sign at
				the main entrances giving a telephonenumber of a person to call in the event of
				emergenciesrelated to the mine; and
(5) Other measures as needed to protect human
				safety.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-44 - Report of water injected

Current through Supplement No. 393, July, 2024
The operator of each and every injection well shall, on or
				  before the tenth day of the second month succeeding the month in which
				  injection occurs, file with the director the amount of liquid injected, the
				  composition of the liquid, and the source thereof upon approved computer sheets
				  no larger than eight and one-half by eleven inches [21.59 by 27.94
				  centimeters]. The report shall be signed by both the person responsible for the
				  report and the person witnessing the signature. The printed name and title of
				  both the person signing the report and the person witnessing the signature
				  shall be included.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-45 - Report of production

Current through Supplement No. 393, July, 2024
The operator of a mine shall, on or before the tenth day of
				  the second month succeeding the month in which production occurs, file with the
				  director the amount of production made by the mine upon form 5-sm or approved
				  computer sheets no larger than eight and one-half by eleven inches [21.59 by
				  27.94 centimeters]. The report shall be signed by both the person responsible
				  for the report and the person witnessing the signature. The printed name and
				  title of both the person signing the report and the person witnessing the
				  signature shall be included.
Production data submitted to the director shall be kept
				  confidential for a period of one year when so requested by the operator. Such
				  period may be further extended upon approval by the
				  commission.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-46 - Reports of natural brine produced

Current through Supplement No. 393, July, 2024
A person who is producing natural brine shall be required by
				  the director to report annually, within sixty days after the end of the
				  calendar year of production, the amount of natural brine produced during the
				  calendar year of production, unless an extension of time is granted by the
				  director. The reports shall be signed by the person who is producing brine on
				  forms prescribed by, or acceptable to, the director.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-47 - Solution mining - Reporting

Current through Supplement No. 393, July, 2024
An operator shall control cavity shape during solution mining
				  of bedded salt.
An operator who is solution mining shall report annually,
				  within sixty days after the end of the calendar year, the amount of soluble
				  mineral or rock removed and the volumes of fluids injected into and removed
				  from each cavity.
The report shall be signed by both the person responsible for
				  the report and the person witnessing the signature. The printed name and title
				  of both the person signing the report and the person witnessing the signature
				  shall be included.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-48 - Rock profile determination

Current through Supplement No. 393, July, 2024
The operator shall determine the cavity roof position not
				  less than biennially. Generally accepted wireline logging methods shall be
				  utilized. The results of the determination shall be filed with the director not
				  more than sixty days after completion and shall include all wireline logs
				  run.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-49 - Books and records to be kept to substantiate reports

Current through Supplement No. 393, July, 2024
All operators within North Dakota shall make and keep
				  appropriate books and records for a period not less than six years covering
				  their operations in North Dakota from which they may be able to make and
				  substantiate the reports required by this chapter.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-50 - Additional information may be required

Current through Supplement No. 393, July, 2024
This chapter shall not be taken or construed to limit or
				  restrict the authority of the commission to require the furnishing of such
				  additional reports, data, or other information relative to production or
				  products as may appear to be necessary or desirable, either generally or
				  specifically, for the prevention of waste, protection of correlative rights,
				  and the conservation of natural resources.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-02 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter contains general rules of statewide application
				  which have been adopted by the industrial commission to conserve the natural
				  resources of North Dakota, to prevent waste, and to provide for operation in a
				  manner as to protect correlative rights of all owners of crude oil and natural
				  gas. Special rules, pool rules, field rules, and regulations and orders have
				  been and will be issued when required and shall prevail as against general
				  rules, regulations, and orders if in conflict therewith. However, wherever this
				  chapter does not conflict with special rules heretofore or hereafter adopted,
				  this chapter will apply in each case. The commission may grant exceptions to
				  this chapter, after due notice and hearing, when such exceptions will result in
				  the prevention of waste and operate in a manner to protect correlative
				  rights.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-05 - Enforcement of laws, rules, and regulations dealing with conservation of oil and gas

Current through Supplement No. 393, July, 2024
The commission, its agents, representatives, and employees
				  are charged with the duty and obligation of enforcing all rules and statutes of
				  North Dakota relating to the conservation of oil and gas. However, it shall be
				  the responsibility of all the owners , operators, and contractors to obtain
				  information pertaining to the regulation of oil and gas before operations have
				  begun.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-06 - Waste prohibited

Current through Supplement No. 393, July, 2024
All operators, contractors, drillers, carriers, gas
				  distributors, service companies, pipe pulling and salvaging contractors, or
				  other persons shall at all times conduct their operations in the drilling,
				  equipping, operating, producing, plugging, and site reclamation of oil and gas
				  wells in a manner that will prevent waste.
General Authority:
NDCC
					 38-08-03
Law Implemented:
NDCC
					 38-08-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-07 - United States government leases

Current through Supplement No. 393, July, 2024
The commission recognizes that all persons drilling and
				  producing on United States government land shall comply with the United States
				  government regulations. Such persons shall also comply with all applicable
				  state rules and regulations. Copies of the sundry notices, reports on wells,
				  and well data required by this chapter of the wells on United States government
				  land shall be furnished to the commission at no expense to the commission.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-09 - Forms

Current through Supplement No. 393, July, 2024
Forms required by the commission will be furnished upon
				  request. The commission will provide electronic submission for most requests
				  and reports.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-10 - Authority to cooperate with other agencies

Current through Supplement No. 393, July, 2024
The commission may from time to time enter agreements with
				  state and federal government agencies, tribal authorities, industry committees,
				  and individuals with respect to special projects, services, and studies
				  relating to conservation of oil and gas.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-11 - Organization reports

Current through Supplement No. 393, July, 2024
Every person acting as principal or agent for another or
				  independently engaged in the drilling of oil or gas wells, or in the
				  production, storage, transportation, refining, reclaiming, treating, marketing,
				  or processing of crude oil or natural gas, engaged in the disposal of produced
				  water, engaged in treating plant operations, or engaged in pipeline operations
				  in North Dakota shall immediately file with the director the name under which
				  such business is being conducted or operated; and name and post-office address
				  of such person, the business or businesses in which the person is engaged; the
				  plan of organization, and in case of a corporation, the law under which it is
				  chartered; and the names and post-office addresses of any person acting as
				  trustee, together with the names and post-office addresses of any officials
				  thereof on an organization report (form 2). In each case where such business is
				  conducted under an assumed name, such organization report shall show the names
				  and post-office addresses of all owners in addition to the other information
				  required. A new organization report shall be filed when and if there is a
				  change in any of the information contained in the original
				  report.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-12 - Reservoir surveys

Current through Supplement No. 393, July, 2024
By special order of the commission, periodic surveys may be
				  made of the reservoirs in this state containing oil and gas. These surveys will
				  be thorough and complete and shall be made using methods approved by the
				  director. The condition of the reservoirs containing oil and gas and the
				  practices and methods employed by the operators shall be investigated. The
				  produced volume and source of crude oil and natural gas, the reservoir pressure
				  of the reservoir as an average, the areas of regional or differential pressure,
				  stabilized gas-oil ratios, and the producing characteristics of the field as a
				  whole and the individual wells within the field shall be specifically
				  included.
All operators of oil wells are required to permit and assist
				  the agents of the commission in making any and all special tests that may be
				  required by the commission on any or all wells.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-13 - Record of wells

Current through Supplement No. 393, July, 2024
The director shall maintain a record of official well names,
				  to be known as the well-name register, in which shall be entered: (1) the name
				  and location of each well; (2) the well file number; (3) the name of the
				  operator, or the operator's agent; and (4) any subsequent name or names
				  assigned to the well and approved by the director.
The last name assigned to a well in the well-name register
				  shall be the official name of the well, and the one by which it shall be known
				  and referred to.
The director may, at the director's discretion, grant or
				  refuse an application to change the official name. The application shall be
				  accompanied by a fee of twenty-five dollars, which fee is established to cover
				  the expense of recording the change. If the application is refused, the fee
				  shall be refunded.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-14 - Access to sites and records

Current through Supplement No. 393, July, 2024
The commission, director, and their representatives shall
				  have access to all records wherever located. All owners, operators, drilling
				  contractors, drillers, service companies, or other persons engaged in drilling,
				  completing, producing, operation, or servicing oil and gas wells, pipelines,
				  injection wells, stratigraphic test wells, subsurface observation wells, or
				  treating plants shall permit the commission, director, and their
				  representatives to come upon any lease, property, pipeline right-of-way, well,
				  or drilling rig operated or controlled by them, complying with state safety
				  rules, and to inspect the records and operation, and to have access at all
				  times to any and all records. If requested, copies of such records must be
				  filed with the commission. The confidentiality of any data submitted which is
				  confidential pursuant to subdivision f of subsection 1 of North Dakota Century
				  Code section 38-08-04 and section 43-02-03-31 must be maintained.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-14.2 - Oil and gas metering systems

Current through Supplement No. 393, July, 2024
1.
Application of section.
This section is applicable to all
				allocation and custody transfer metering stations measuring production from oil
				and gas wells within the state of North Dakota, including private, state, and
				federal wells. If these rules differ from federal requirements on measurement
				of production from federal oil and gas wells, the federal rules take
				precedence.
2.
Definitions.
As used in this section:
a. "Allocation meter" means a meter used by
				the producer to determine the volume from an individual well before it is
				commingled with production from one or more other wells prior to the custody
				transfer point.
b. "Calibration
				test" means the process or procedure of adjusting an instrument, such as a gas
				meter, so its indication or registration is in satisfactorily close agreement
				with a reference standard.
c.
				"Custody transfer meter" means a meter used to transfer oil or gas from the
				producer to transporter or purchaser.
d. "Gas gathering meter" means a meter used
				in the custody transfer of gas into a gathering system.
e. "Meter factor" means a number obtained by
				dividing the net volume of fluid (liquid or gaseous) passed through the meter
				during proving by the net volume registered by the meter.
f. "Metering proving" means the procedure
				required to determine the relationship between the true volume of a fluid
				(liquid or gaseous) measured by a meter and the volume indicated by the
				meter.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-16.1 - Designation and responsibilities of operator

Current through Supplement No. 393, July, 2024
The principal on the bond covering a well, treating plant, or
				  facility is the operator. The operator is responsible for compliance with all
				  applicable laws. A dispute over designation of the operator may be addressed by
				  the commission. In doing so, the factors the commission may consider include
				  those set forth in subsection 1 of section 43-02-03-16.2.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-16.2 - Revocation and limitation of drilling permits

Current through Supplement No. 393, July, 2024
1. After notice and
				hearing, the commission may revoke a drilling, recompletion, or reentry permit
				or limit its duration. The commission may act upon its own motion or upon the
				application of an owner in the spacing or drilling unit. In deciding whether to
				revoke or limit a permit, the factors that the commission may consider include:
a. The technical ability of the permitholder
				and other owners to drill and complete the well.
b. The experience of the permitholder and
				other owners in drilling and completing similar wells.
c. The number of wells in the area operated
				by the permitholder and other owners.
d. Whether drainage of the spacing or
				drilling unit has occurred or is likely to occur in the immediate future and
				whether the permitholder has committed to drill a well in a timely
				fashion.
e. Contractual obligations
				such as an expiring lease.
f. The
				amount of ownership the permitholder and other owners hold in the spacing or
				drilling unit. If the permitholder is the majority owner in the unit or if its
				interest when combined with that of its supporters is a majority of the
				ownership, it is presumed that the permitholder should retain the permit. This
				presumption, even if not rebutted, does not prohibit the commission from
				limiting the duration of the permit. However, if the amount of the interest
				owned by the owner seeking revocation or limitation and its supporters are a
				majority of the ownership, the commission will presume that the permit should
				be revoked.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-16.3 - Recovery of a risk penalty

Current through Supplement No. 393, July, 2024
The following govern the recovery of the risk penalty
				  pursuant to subsection 3 of North Dakota Century Code section 38-08-08 and
				  subsection 3 of North Dakota Century Code section 38-08-09.4:
1. An owner may recover the risk penalty
				under the provisions of subsection 3 of North Dakota Century Code section
				38-08-08, provided the owner gives, to the owner from whom the penalty is
				sought, a written invitation to participate in the risk and cost of drilling a
				well, including reentering a plugged and abandoned well, or the risk and cost
				of reentering an existing well to drill deeper or a horizontal lateral. If the
				nonparticipating owner's interest is not subject to a lease or other contract
				for development, an owner seeking to recover a risk penalty must also make a
				good-faith attempt to have the unleased owner execute a lease.
a. The invitation to participate in drilling
				must be in writing and contain the following:
(1) The approximate surface location of the
				proposed or existing well, proposed completion and total depth, objective zone,
				and completion location if other than a vertical well.
(2) An itemization of the estimated costs of
				drilling and completion.
(3) The
				approximate date upon which the well was or will be spudded or
				reentered.
(4) A written election
				to participate and a statement indicating the invitation or election must be
				accepted within thirty days of receiving it. Such election to participate must
				be received by the owner giving the invitation within thirty days of the
				participating party's receipt.
(5)
				Notice that the participating owners plan to impose a risk penalty and that the
				nonparticipating owner may object to the risk penalty by either responding in
				opposition to the petition for a risk penalty, or if no such petition has been
				filed, by filing an application or request for hearing with the
				commission.
(6) Drilling or spacing
				unit description.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-17 - Sign on well and facility

Current through Supplement No. 393, July, 2024
Every well and facility associated with the production,
				  transportation, purchasing, storage, treating, or processing of oil, gas, and
				  water except plugged wells shall be identified by a sign. The sign shall be of
				  durable construction and the lettering thereon shall be kept in a legible
				  condition. The wells on each lease or property shall be numbered in
				  nonrepetitive sequence, unless some other system of numbering was adopted by
				  the owner prior to the adoption of this chapter. Each sign must show the
				  facility name or well name and number (which shall be different or distinctive
				  for each well or facility), the name of the operator, current emergency phone
				  number, file or facility number (if applicable), and the location by
				  quarter-quarter, section, township, and range.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-18 - Drilling units - Well locations

Current through Supplement No. 393, July, 2024
In the absence of an order by the commission setting spacing
				  units for a pool:
1.
a. Vertical or directional oil wells
				projected to a depth not deeper than the Mission Canyon formation must be
				drilled upon a governmental quarter-quarter section or equivalent lot, located
				not less than five hundred feet [152.4 meters] to the boundary of such
				governmental quarter-quarter section or equivalent lot. No more than one well
				shall be drilled to the same pool on any such governmental quarter-quarter
				section or equivalent lot, except by order of the commission, nor shall any
				well be drilled on any such governmental quarter-quarter section or equivalent
				lot containing less than thirty-six acres [14.57 hectares] except by order of
				the commission.
b. Vertical or
				directional oil wells projected to a depth deeper than the Mission Canyon
				formation must be drilled on a governmental quarter section or equivalent lots,
				located not less than six hundred sixty feet [201.17 meters] to the boundary of
				such governmental quarter section or equivalent lots. No more than one well
				shall be drilled to the same pool on any such governmental quarter section or
				equivalent lots, except by order of the commission, nor shall any well be
				drilled on any such governmental quarter section or equivalent lots containing
				less than one hundred forty-five acres [58.68 hectares] except by order of the
				commission.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-18.1 - Exception location

Current through Supplement No. 393, July, 2024
If upon application for an exception location, the commission
				  finds that a well drilled at the location prescribed by any applicable rule or
				  order of the commission would not produce in paying quantities, that surface
				  conditions would substantially add to the burden or hazard of such well, or
				  that the drilling of such well at a location other than the prescribed location
				  is otherwise necessary either to protect correlative rights, to prevent waste,
				  or to effect greater ultimate recovery from oil and gas, the commission may
				  enter an order, after notice and hearing, permitting the well to be drilled at
				  a location other than that prescribed and shall include in such order suitable
				  provisions to prevent the production from that well of more than its just and
				  equitable share of the oil and gas in the pool. The application for an
				  exception well location shall set forth the names of the lessees of adjoining
				  properties and the names of any unleased mineral owners of the adjoining
				  properties. The application shall be accompanied by a plat or sketch accurately
				  showing the property for which the exception well location is sought, the
				  location of the proposed well, and all other completed and drilling wells on
				  this property and on the adjoining properties. The applicant or its attorney
				  shall certify that a copy of the application has been sent to all lessees and
				  all unleased mineral owners of properties adjoining the tract which would be
				  affected by the exception location. If the applicant is the lessee of adjoining
				  tracts that would be affected by the exception, the applicant must give notice,
				  as prescribed above, to its lessors of such tracts.
General Authority:
NDCC
					 38-08-04,
					 38-08-07
Law Implemented:
NDCC
					 38-08-04,
					 38-08-07
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-19 - Site construction

Current through Supplement No. 393, July, 2024
In the construction of a well site, saltwater handling
				  facility, treating plant, access road, and all associated facilities, the
				  topsoil shall be removed, stockpiled, and stabilized or otherwise reserved for
				  use when the area is reclaimed. "Topsoil" means the suitable plant growth
				  material on the surface; however, in no event shall this be deemed to be more
				  than the top twelve inches [30.48 centimeters] of soil or deeper than the depth
				  of cultivation, whichever is greater. Soil stabilization materials, liners,
				  fabrics, and other materials to be used onsite, on access roads or associated
				  facilities, must be reported on a sundry notice (form 4) to the director within
				  thirty days after application. The reclamation plan for such materials shall
				  also be included.
When necessary to prevent pollution of the land surface and
				  freshwaters, the director may require the site to be sloped and diked.
Sites shall not be located in, or hazardously near, bodies of
				  water, nor shall they block natural drainages. Sites and associated facilities
				  shall be designed to divert surface drainage from entering the site.
Sites or appropriate parts thereof shall be fenced if
				  required by the director.
Within six months after the completion of a well or
				  construction of a saltwater handling facility or treating plant, the portion of
				  the site not used for operations shall be reclaimed, unless waived by the
				  director. Operators shall file a sundry notice (form 4) detailing the work that
				  was performed and a current site diagram, which identifies the stockpiled
				  topsoil location and its volume. Sites shall be stabilized to prevent
				  erosion.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04