reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-21.2 - Leak and spill cleanup

Current through Supplement No. 393, July, 2024
At no time shall any spill or leak be allowed to flow over,
				  pool, or rest on the surface of the land or infiltrate soil.
Discharge fluids must be properly removed and may not be
				  allowed to remain standing within or outside of diked areas. Operators must
				  respond with appropriate resources to contain and clean up
				  spills.
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 - Subsurface Mineral Exploration and Development › Section 43-02-02-22.2 - Subsurface pressure test

Current through Supplement No. 393, July, 2024
The operator shall conduct a subsurface pressure test on the
				  discovery well of any new pool discovered and shall report the results to the
				  director within thirty days after the completion of such discovery well. Drill
				  stem test pressures are acceptable. After the discovery of a new pool, each
				  operator shall make additional subsurface pressure tests as directed by the
				  director or provided for in field rules. All tests shall be made by a person
				  qualified by both training and experience to make such tests and with an
				  approved subsurface pressure instrument. All wells shall remain completely shut
				  in for at least forty-eight hours prior to the test. The subsurface
				  determination shall be obtained as close as possible to the midpoint of the
				  productive interval of the reservoir The report of the reservoir pressure test
				  shall be filed on form 9-sm.
The director may shut in any well for failure to make such
				  test until such time as a satisfactory test has been made or satisfactory
				  explanation given.
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 - Subsurface Mineral Exploration and Development › Section 43-02-02-22.3 - Commingling of minerals from pools

Current through Supplement No. 393, July, 2024
Except as directed by the commission after notice and
				  hearing, each pool shall be produced as a single common reservoir without
				  commingling in the well bore of fluids from different pools. After fluids from
				  different pools have been brought to the surface, such fluids may be commingled
				  provided that the amount of production from each pool is determined by a method
				  approved by 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 - Subsurface Mineral Exploration and Development › Section 43-02-02-23 - Notice of intention to plug well

Current through Supplement No. 393, July, 2024
The operator or the operator's agent shall file a notice of
				  intention (form 4-sm) to plug with the state geologist, and obtain the approval
				  of the director, prior to the commencement of plugging or plug-back operations.
				  The notice shall state the name and location of the well, the name of the
				  operator, and the method of plugging, which must include a detailed statement
				  of proposed work. In the case of a recently completed test well that has not
				  had production casing in the hole, the operator may commence plugging by giving
				  reasonable notice to, and securing verbal approval of, the director as to the
				  method of plugging and the time plugging operations are to begin. Within thirty
				  days after the plugging of any well, the owner or operator thereof shall file a
				  plugging record (form 7-sm), and, if requested, a copy of the cementer's trip
				  ticket of job receipt, with the state geologist setting forth in detail the
				  method used in plugging the well. This section shall not apply to
				  testholes.
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 - Subsurface Mineral Exploration and Development › Section 43-02-02-24 - Method of plugging

Current through Supplement No. 393, July, 2024
All wells shall be plugged in a manner which will confine
				  permanently all subsurface minerals, oil, gas, and water in the separate strata
				  originally containing them. This operation shall be accomplished by the use of
				  mud-laden fluid, cement, and plugs, used singly or in combination as may be
				  approved by the director. All casing strings shall be cut off at least three
				  feet [91.44 centimeters] below the final surface contour, and a cap shall be
				  welded. Core or stratigraphic testholes drilled to or below sands containing
				  freshwater shall be plugged in accordance with the applicable provisions
				  recited above. After plugging, the site must be reclaimed pursuant to sections
				  43-02-02-14.1 and
				  43-02-02-24.2.
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 - Subsurface Mineral Exploration and Development › Section 43-02-02-24.1 - Abandonment of wells - Suspension of drilling

Current through Supplement No. 393, July, 2024
1. The removal of
				production equipment or the failure to produce subsurface minerals, or the
				failure to produce water from the source well, for one year constitutes
				abandonment of the well. The removal of injection equipment or the failure to
				use an injection well for one year constitutes abandonment of the well. The
				failure to plug a stratigraphic testhole of reaching total depth within one
				year constitutes abandonment of the well. An abandoned well must be plugged and
				its site must be reclaimed pursuant to sections
				43-02-02-24 and
				43-02-02-24.2.
2. The director may waive the requirement to
				plug and reclaim an abandoned well for one year by giving the well temporarily
				abandoned status. This status may only be given to wells that are to be used
				for purposes related to the production of subsurface minerals. If a well is
				given temporarily abandoned status, the well's perforations must be isolated,
				the integrity of its casing must be proven, and its casing must be sealed at
				the surface, all in a manner approved by the director. The director may extend
				a well's temporarily abandoned status beyond one year. A fee of one hundred
				dollars shall be submitted for each application to extend the temporary
				abandonment status of any well.
3.
				In addition to the waiver in subsection 2, the director may also waive the duty
				to plug and reclaim an abandoned well for good cause as determined by the
				director. If the director exercises this discretion, the director shall set a
				date or circumstances upon which the waiver expires.
4. The director may approve suspension of the
				drilling of a well. If suspension is approved, a plug must be placed at the top
				of the casing to prevent any foreign matter from getting into the well. When
				drilling has been suspended for thirty days, the well, unless otherwise
				authorized by the director, must be plugged and its site reclaimed pursuant to
				sections 43-02-02-24 and
				43-02-02-24.2.
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 - Subsurface Mineral Exploration and Development › Section 43-02-02-24.2 - Reclamation of surface

Current through Supplement No. 393, July, 2024
1. Within a reasonable time, but not more
				than one year, after a well is plugged, or if a permit expires, has been
				canceled or revoked, the well site, access road, and other associated
				facilities constructed for the well shall be reclaimed as closely as
				practicable to original condition. Prior to site reclamation, the operator or
				the operator's agent shall file a sundry notice (form 4-sm) with the director
				and obtain approval of a reclamation plan. The operator or operator's agent
				shall provide a copy of the proposed reclamation plant to the surface owner at
				least ten days prior to commencing the work unless waived by the surface owner.
				Verbal approval to reclaim the site may be given. The notice must include:
a. The name and address of the reclamation
				contractor;
b. The name and address
				of the surface owner and the date when a copy of the proposed reclamation plan
				was provided to the surface owner;
c. A description of the proposed work,
				including topsoil redistribution and reclamation plans for the access road and
				other facilities; and
d. Reseeding
				plans, if applicable.
The commission will mail a copy of the approved notice to the
				  surface owner.
All production equipment, waste, and debris shall be removed
				  from the site. Flow lines shall be purged in a manner approved by the director.
				  Flow lines shall be removed if buried less than three feet [91.44 centimeters]
				  below final contour.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-25.1 - Conversion of mineral wells to freshwater wells

Current through Supplement No. 393, July, 2024
Any person desiring to convert a mineral well to a freshwater
				  well shall file an application for approval with the commission. The
				  application must include the following:
1. If the well is to be used for other than
				individual domestic and livestock use, a conditional water permit issued by the
				state water commission.
2. An
				affidavit by the person desiring to obtain approval for the conversion stating
				that such person has the authority and assumes all liability for the use and
				plugging of the proposed freshwater well.
3. The procedure which will be followed in
				converting the mineral well to a freshwater well.
4. If the well is not currently plugged and
				abandoned, an affidavit must be executed by the operator of the well indicating
				that the parties responsible for plugging the mineral well have no objection to
				the conversion of the mineral well to a freshwater well.
If the commission, after notice and hearing, determines that
				  a mineral well may safely be used as a freshwater well, the commission may
				  approve the conversion.
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 - Subsurface Mineral Exploration and Development › Section 43-02-02-26 - Liability

Current through Supplement No. 393, July, 2024
The owner and operator of any well, core hole, or
				  stratigraphic testhole, whether cased or uncased, shall be liable and
				  responsible for the plugging and site reclamation in accordance with the rules
				  and regulations of 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 - Subsurface Mineral Exploration and Development › Section 43-02-02-28 - Preservation of cores and samples

Current through Supplement No. 393, July, 2024
Sample cuttings of formations, taken at regular intervals in
				  all wells drilled for subsurface minerals or geological information in North
				  Dakota, shall be washed and packaged in standard sample envelopes which in turn
				  must be placed in proper order in a standard sample box; carefully identified
				  as to operator, well name, location, depth of sample, and shall be sent free of
				  cost to the state geologist within thirty days after completion of drilling
				  operations.
The operator of any well drilled for subsurface minerals in
				  North Dakota, during the drilling of or immediately following the completion of
				  any well, shall inform the state geologist or the state geologist's
				  representative of all intervals that are to be cored, or have been cored. All
				  cores taken shall be preserved and forwarded to the state geologist, free of
				  cost, within ninety days after completion of drilling operations, unless
				  specifically exempted by the state geologist. If an exemption is granted, the
				  operator shall advise the state geologist of the final disposition of the
				  core.
This section does not prohibit the operator from taking such
				  samples of the core as the operator may desire for identification and testing.
				  The operator shall furnish the state geologist with the results of
				  identification and testing procedure.
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 - Subsurface Mineral Exploration and Development › Section 43-02-02-29 - Mining plan

Current through Supplement No. 393, July, 2024
Before conducting any mining or production operations, the
				  operator shall submit to the state geologist for approval a mining plan which
				  shall show in detail the proposed development or mining operations to be
				  conducted. Mining plans shall be consistent with and responsive to the
				  requirements of not only this chapter but also statutes and rules for the
				  protection of nonmineral resources, and for the reclamation of the surface of
				  the lands affected by the operations. No operations shall be conducted except
				  under an approved plan. Those portions of a mining plan which the director
				  finds to contain information which is proprietary to a specific company's
				  mining methods shall be retained at that company's office located nearest the
				  mining site, and shall be approved by the director and open to inspection by
				  the director and the industrial commission at all times. All portions of the
				  mining plan which provide for the protection of natural resources, other than
				  the mineral being mined, and for the reclamation of the surface shall be filed
				  in the office of the state geologist.
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 - Subsurface Mineral Exploration and Development › Section 43-02-02-30 - Report of production

Current through Supplement No. 393, July, 2024
The operator of each and every well or mine shall, on or
				  before the tenth day of the second month succeeding the month in which
				  production occurs, file with the state geologist the amount of production made
				  by each such well or 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.
				  Wells for which reports of production are not received by the close of business
				  on the tenth day of the month may be shut in for a period not to exceed thirty
				  days. The director shall notify, by certified mail, the operator and authorized
				  transporter of the shut-in period for such wells. The term "mine" includes
				  multiple closely spaced wells used to mine a deposit, and in such case
				  production will be reported from the mine rather than from each individual
				  well. "Multiple closely spaced wells" means where more than one well is used to
				  produce subsurface minerals in each eighty-acre [32.37-hectare] subdivision of
				  the mine.
Production data submitted to the state geologist 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 - Subsurface Mineral Exploration and Development › Section 43-02-02-31 - 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 state geologist 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 - Subsurface Mineral Exploration and Development › Section 43-02-02-32 - Pollution by saltwater

Current through Supplement No. 393, July, 2024
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.
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 - Subsurface Mineral Exploration and Development › Section 43-02-02-33 - Investigative powers

Current through Supplement No. 393, July, 2024
Upon receipt of a written complaint from any surface owner or
				  lessee, royalty owner, mineral owner, local, state, or federal official,
				  alleging a violation of the subsurface mineral conservation statutes or any
				  rule, regulation, or order of the commission, the director shall within
				  reasonable time reply in writing to the person who submitted the complaint
				  stating that an investigation of such complaint will be made or the reason such
				  investigation will not be made. The person who submitted the complaint may
				  appeal the decision of the director to the commission. The director may also
				  conduct such investigations on the director's own initiative or at the
				  direction of the commission. If, after such investigation, the director affirms
				  that cause for complaint exists, the director shall report the results of the
				  investigation to the person who submitted the complaint, if any, to the person
				  who was the subject of the complaint and to the commission. The commission
				  shall institute such legal proceedings as, in its discretion, it believes
				  necessary to enjoin further violations.
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 - Subsurface Mineral Exploration and Development › Section 43-02-02-34 - 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 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-35 - Books and records to be kept to substantiate reports

Current through Supplement No. 393, July, 2024
All producers 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 - Subsurface Mineral Exploration and Development › Section 43-02-02-38 - Application for hearing

Current through Supplement No. 393, July, 2024
In any proceeding instituted upon application, the
				  application shall be signed by the applicant or by the applicant's attorney. An
				  application shall state (1) the name and general description of the common
				  source or sources of supply affected by the order, rule, or regulation sought,
				  if any, unless same is intended to apply to and affect the entire state, in
				  which event the application shall so state, and such statement shall constitute
				  sufficient description; and (2) briefly the general nature of the order, rule,
				  or regulation sought in the proceedings.
General Authority:
NDCC
					 38-12-04
Law Implemented:
NDCC
					 38-12-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-39 - Filing application for hearing

Current through Supplement No. 393, July, 2024
When an application is filed, it shall be set for hearing
				  before the commission at such time as will permit fifteen days' notice thereof
				  to be given, as provided in section
				  43-02-02-40.
General Authority:
NDCC
					 38-12-04
Law Implemented:
NDCC
					 38-12-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-40 - Hearings - Complaint proceedings - Emergency proceedings - Other proceedings

Current through Supplement No. 393, July, 2024
1. Except as more
				specifically provided in North Dakota Century Code section
				38-12-04, the rules of procedure
				established in subsection 1 of North Dakota Century Code section
				28-32-21 apply to proceedings
				involving a complaint and a specific-named respondent.
2. For proceedings that do not involve a
				complaint and a specific-named respondent, the commission shall give at least
				fifteen days' notice (except in an emergency) of the time and place of hearing
				thereon by one publication of such notice in a newspaper of general circulation
				in Bismarck, North Dakota, and in a newspaper of general circulation in the
				county where the land affected or some part thereof is situated, unless in some
				particular proceeding a longer period of time or a different method of
				publication is required by law, in which event such period of time and method
				of publication shall prevail. The notice shall issue in the name of the
				commission and shall conform to the other requirements provided by
				law.
3. In case an emergency is
				found to exist by the commission which in its judgement requires the making of
				a rule or order without first having a hearing, the emergency rule or order
				shall have the same validity as if a hearing with respect to the same had been
				held after notice. The emergency rule or order permitted by this section shall
				remain in force no longer than fifteen days from its effective date, and in any
				event, it shall expire when the rule or order made after due notice and hearing
				with respect to the subject matter of such emergency rule or order becomes
				effective.
4. Any person moving for
				a continuance of a hearing, and who is granted a continuance, shall submit a
				twenty-five dollar fee to the commission to pay the cost of republication of
				notice of the hearing.
General Authority:
NDCC
					 38-12-04
Law Implemented:
NDCC
					 38-12-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-40.1 - Investigatory hearings

Current through Supplement No. 393, July, 2024
The commission may hold investigatory hearings upon the
				  institution of a proceeding by application or by a motion of the commission.
				  Notice of the hearing must be served upon all parties personally or by
				  certified mail at least five days before the hearing.
General Authority:
NDCC
					 38-12-04
Law Implemented:
NDCC
					 38-12-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-40.2 - Official record

Current through Supplement No. 393, July, 2024
The evidence in each case heard by the commission, unless
				  specifically excluded by the hearing officer, includes the certified
				  directional surveys and all subsurface mineral, oil, water, and gas production
				  records on file with the commission.
Any interested party may 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.
General Authority:
NDCC
					 28-32-06
Law Implemented:
NDCC
					 28-32-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-40.3 - Petitions for review of recommended order and or alarguments prohibited

Current through Supplement No. 393, July, 2024
Neither petitions for review of a recommended order nor oral
				  arguments following issuance of a recommended order and pending issuance of a
				  final order are allowed.
General Authority:
NDCC
					 28-32-13
Law Implemented:
NDCC
					 28-32-13
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-40.4 - Notice of order by mail

Current through Supplement No. 393, July, 2024
The commission may give notice of an order by mailing the
				  order, and findings and conclusions upon which it is based, to all parties by
				  regular mail provided it files an affidavit of service by mail indicating upon
				  whom the order was served.
General Authority:
NDCC
					 28-32-13
Law Implemented:
NDCC
					 28-32-13
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-40.5 - Service and filing

Current through Supplement No. 393, July, 2024
All pleadings, notices, written motions, requests, petitions,
				  briefs, and correspondence to the commission or commission employees from a
				  party (or vice versa) relating to a proceeding after its commencement, must be
				  filed with the director and entered into the commission's official record of
				  the procedure provided the record is open at the time of receipt. All parties
				  shall receive copies upon request of any or all of the evidence in the record
				  of the proceedings. The commission may charge for the actual cost of providing
				  copies of evidence in the record. Unless otherwise provided by law, filing
				  shall be complete when the material is entered into the record of the
				  proceeding.
General Authority:
NDCC
					 28-32-13
Law Implemented:
NDCC
					 28-32-13
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-41 - Application for rehearing

Current through Supplement No. 393, July, 2024
Within thirty days after the entry of any order or decision
				  of the commission or the director, any person affected thereby may file with
				  the commission an application for rehearing in respect of any matter determined
				  by the order or decision, setting forth the reasons the order or decision is
				  believed to be erroneous. The commission shall grant or refuse any such
				  application in whole or in part within fifteen days after it is filed. In the
				  event the rehearing is granted, the commission may enter such new order or
				  decision after rehearing as may be required under the
				  circumstances.
General Authority:
NDCC
					 38-12-04
Law Implemented:
NDCC
					 38-12-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-43 - Designation of examiners

Current through Supplement No. 393, July, 2024
The commission may by motion designate and appoint qualified
				  individuals to serve as examiners. The commission may refer any matter or
				  proceeding to any legally designated and appointed examiner or
				  examiners.
General Authority:
NDCC
					 38-12-04
Law Implemented:
NDCC
					 38-12-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-45 - Powers and duties of examiner

Current through Supplement No. 393, July, 2024
The commission may, by motion, limit the powers and duties of
				  any examiner in any particular case to such issues or to the performance of
				  such acts as the commission deems expedient; however, subject only to such
				  limitation as may be ordered by the commission, the examiner or examiners to
				  whom any matter or proceeding is referred under this chapter shall have full
				  authority to hold hearings on such matter or proceeding in accordance with and
				  pursuant to this chapter. The examiner shall have the power to regulate all
				  proceedings before the examiner and to perform all acts and take all measures
				  necessary or proper for the efficient and orderly conduct of such hearing,
				  including ruling on prehearing motions, the swearing of witnesses, receiving of
				  testimony and exhibits offered in evidence, subject to such objections as may
				  be imposed, and shall cause a complete record of the proceedings to be made and
				  retained.
General Authority:
NDCC
					 38-12-04
Law Implemented:
NDCC
					 38-12-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-48 - Report of examiner

Current through Supplement No. 393, July, 2024
Upon the conclusion of any hearing before an examiner, the
				  examiner shall promptly consider the proceedings in such hearings, and based
				  upon the record of such hearing, the examiner shall prepare a report and
				  recommendations for the disposition of the matter or proceeding by the
				  commission. The report and recommendations shall either be accompanied by a
				  proposed order or shall be in the form of a proposed order, and shall be
				  submitted to the commission.
General Authority:
NDCC
					 38-12-04
Law Implemented:
NDCC
					 38-12-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-49 - Commission order from examiner hearing

Current through Supplement No. 393, July, 2024
After receipt of the report and recommendation of the
				  examiner, the commission shall enter its order disposing of the matter or
				  proceeding.
General Authority:
NDCC
					 38-12-04
Law Implemented:
NDCC
					 38-12-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-51 - Prehearing motion practice

Current through Supplement No. 393, July, 2024
In a matter pending before the commission, all prehearing
				  motions must be served by the moving party upon all parties affected by the
				  motion. Service must be upon a party unless a party is represented by an
				  attorney, in which case service must be upon the attorney. Service must be made
				  by delivering a copy of the motion and all supporting papers in conformance
				  with one of the means of service provided for in rule 5(b) of the North Dakota
				  Rules of Civil Procedure. Proof of service must be made as provided in rule 4
				  of the North Dakota Rules of Civil Procedure or by certificate of an attorney
				  showing that service has been made. Proof of service must accompany the filing
				  of a motion. Any motion filed without proof of service is not properly before
				  the commission.
General Authority:
NDCC
					 38-12-04
Law Implemented:
NDCC
					 38-12-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Abandoned well" means a well whose use has been
				  permanently discontinued or which is in a state of disrepair such that it
				  cannot be used for its intended purpose or for observation purposes.
2. "Aquifer" means a geological formation, group of
				  formations, or part of a formation that is capable of yielding a significant
				  amount of water to a well or spring.
3. "Area of review" is used as defined in 40 CFR 146.06.
4. "CFR" means Code of Federal Regulations as of April 1,
				  1983.
5. "Commission" means the industrial commission of this
				  state.
6. "Contaminant" means any physical, chemical, biological, or
				  radiological substance or matter in water.
7. "Draft permit" is used as defined in
				  40 CFR
				  144.3.
8. "Exempted aquifer" is used as defined in 40 CFR 146.04.
9. "Injection well" means a well into which fluids are being
				  injected.
10. "Mechanical integrity" is used as defined in 40 CFR
				  146.08.
11. "Person" means an individual, association, partnership,
				  corporation, municipality, state or federal agency, or an agent or employee
				  thereof.
12. "Underground source of drinking water" is used as defined
				  in 40 CFR 146.03.
13. "Well" means a bored, drilled, or driven shaft, or a dug
				  hole, whose depth is greater than the largest surface dimension.
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 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-02 - Classification of Class III injection wells

Current through Supplement No. 393, July, 2024
This classification refers to wells which inject for
				  extraction of minerals or energy, including:
1. Mining or sulfur by the Frasch process.
2. In situ production of uranium
				or other metals. This category includes only in situ production from ore bodies
				which have not been conventionally mined. Solution mining of conventional mines
				such as stopes leaching is included in Class V.
3. Solution mining of salts or potash.
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 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-03 - Powers and duties

Current through Supplement No. 393, July, 2024
The state geologist shall act as a supervisor charged with
				  the duty of enforcing the regulations and orders of the commission applicable
				  to the underground injection control program for Class III disposal wells. All
				  applications, correspondence, protests, and other communications shall be
				  addressed to the state geologist as follows:
State Geologist
University Station
Grand Forks, ND 58202-8156
(701) 777-2231
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 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-04 - Prohibition of unauthorized injection

Current through Supplement No. 393, July, 2024
Any Class III underground injection is prohibited except as
				  authorized by permit issued under this section. Also, the construction of any
				  well required to have a permit under this section is prohibited until the
				  permit has been issued.
General Authority: NDCC
					 38-12-03
Law Implemented: NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-05 - Prohibition of movement of fluid into underground sources of drinking water

Current through Supplement No. 393, July, 2024
No owner or operator may construct, operate, maintain,
				  convert, plug, abandon, or conduct any other underground injection activity in
				  a manner which causes or allows movement of fluid containing any contaminant
				  into underground sources of drinking water or which may adversely affect the
				  health of persons. The applicant for a permit has the burden of proof of
				  showing that the requirements of this section are met.
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 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-06 - Identification of underground sources of drinking water and exempted aquifers

Current through Supplement No. 393, July, 2024
The commission acting by and through the state geologist
				  shall identify underground sources of drinking water and exempted aquifers in
				  accordance with 40 CFR
				  144.7.
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 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-07 - Permitting

Current through Supplement No. 393, July, 2024
1.
Application for a permit.
a. Any person who is required to have a
				permit shall complete, sign, and submit an application to the state geologist.
b. When the owner and operator are
				different, it is the operator's duty to obtain a permit.
c. Applicants shall keep records of all data
				used to complete permit applications and supplemental information for at least
				three years.
d. Operators of
				existing Class III injection wells shall submit a completed application on
				forms provided by the state geologist no later than four years after approval
				of the state program.
e. Operators
				of new injection wells, unless covered by an existing area permit, shall submit
				an application within a reasonable time before construction is expected to
				begin.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-08 - Area permits

Current through Supplement No. 393, July, 2024
The commission may issue a permit on an area basis, rather
				  than for each well individually, in accordance with the specifications outlined
				  in 40 CFR
				  144.33.
General Authority: NDCC
					 38-12-03
Law Implemented: NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-09 - Draft permits and fact sheets

Current through Supplement No. 393, July, 2024
1.
Draft permits.
When an application is completed, the commission,
				acting by and through the state geologist, shall either prepare a draft permit
				or deny the application. A draft permit must contain all permit requirements.
2.
Fact sheets.
a. A fact sheet must be prepared for each
				draft permit for a major facility or activity, and in those cases which the
				commission or the state geologist finds that the draft permit is the subject of
				widespread public interest or raises major issues.
b. If a fact sheet is required, it must be
				sent to the applicant and, on request, to any other person, and must include
				the items specified in 40
				CFR 124.8.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-10 - Public notice and comment - Requests for hearings - Public hearings - Response to comments

Current through Supplement No. 393, July, 2024
1.
Public
				notice.
a. The commission shall give
				public notice that the following actions have occurred:
(1) A draft permit has been prepared;
(2) A hearing has been scheduled;
				or
(3) Intent to deny a permit
				application.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-11 - Permit conditions

Current through Supplement No. 393, July, 2024
All permits must contain the conditions specified in
				  40 CFR
				  144.51 and
				  144.52.
General Authority: NDCC
					 38-12-03
Law Implemented: NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-12 - Technical requirements

Current through Supplement No. 393, July, 2024
1.
Construction requirements.
a.
				General.
(1) Existing wells must achieve
				compliance with construction requirements prior to permitting or according to a
				compliance schedule established as a permit condition.
(2) New injection wells must be in compliance
				with construction requirements prior to commencing injection operations.
(3) Changes in construction plans
				require approval of the commission, acting by and through the state geologist.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-13 - Plugging and abandonment

Current through Supplement No. 393, July, 2024
1. Any Class
				III permit must include conditions to ensure the well will be plugged and
				abandoned so that movement of fluids is not allowed either into an underground
				source of drinking water or between underground sources of drinking water.
2. Any underground injection
				control permit must include a plan for plugging and abandonment which shall be
				incorporated into the permit as a condition.
3. Temporary intermittent cessation of
				injection operations is not considered abandonments.
4. Prior to granting approval for plugging
				and abandonment, the state geologist shall consider the information listed in
				40 CFR
				146.34(c).
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 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-14 - Mechanical integrity

Current through Supplement No. 393, July, 2024
A permit for any Class III well or injection project which
				  lacks mechanical integrity must include a condition prohibiting injection
				  operations until the state geologist is satisfied that the specifications for
				  mechanical integrity listed in 40 CFR 146.08 have been met.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-01
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-15 - Area of review

Current through Supplement No. 393, July, 2024
The area of review for each injection well or each field,
				  project, or area of the state must be determined according to 40 CFR 146.06.
General Authority: NDCC
					 38-12-01
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-16 - Schedules of compliance

Current through Supplement No. 393, July, 2024
1. The
				compliance schedule must require compliance as soon as possible, and not later
				than three years, after the effective date of the permit.
2. If the compliance schedule is set for a
				duration of more than one year, interim requirements and completion dates (not
				to exceed one year) must be incorporated into the compliance schedule and
				permit.
3. No later than thirty
				days following each interim and final date, the permittee shall notify the
				state geologist in writing of compliance/noncompliance.
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 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-17 - Confidentiality of information

Current through Supplement No. 393, July, 2024
The following information cannot be claimed confidential:
1. Name and address of permit
				applicant or permittee.
2.
				Information which deals with the existence, absence, or level of contaminants
				in drinking water.
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 43-02-02.1 - Underground Injection Control Program › Section 43-02-02.1-18 - Authorization by rule

Current through Supplement No. 393, July, 2024
The commission, acting by and through the state geologist,
				  may authorize Class III underground injection by rule as outlined in
				  40 CFR
				  144.21,
				  144.25, and
				  144.26.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02