reglab/statecodes huggingface dataset:
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 43-02-02.1-19 - Penalties

Current through Supplement No. 393, July, 2024
Any person who violates any provision of this chapter or any
				  permit conditions is subject to the penalties prescribed in North Dakota
				  Century Code sections
				  38-08-16 and
				  38-08-17.
General Authority: NDCC
					 38-12-05
Law Implemented: NDCC
					 38-12-05
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-01 - Definitions

Current through Supplement No. 393, July, 2024
Terms in this chapter have the same meaning as in North
				  Dakota Century Code chapter 38-12, except:
1. "Abandoned well" means a well whose use
				has been permanently discontinued or that is in such a state of disrepair that
				it cannot be used for its intended purpose or for observation
				purposes.
2. "Background" means the
				ambient condition that exists as part of the natural environment at a
				particular location.
3. "Baseline"
				means a premining condition, concentration, quantity, or quality that is set as
				a specific value or guideline against which future values are
				compared.
4. "Baseline well" means
				a well from which ground water is analyzed to define baseline water quality in
				the permit area.
5. "Beneficial
				use" means a practical use of land that has economic or social value and that
				allows other sustainable uses.
6.
				"Best available technology" means the best technology, treatment techniques, or
				other means that the department finds, after examination for efficacy under
				field conditions and not solely under laboratory conditions, that are
				available, subject to cost considerations. For the purposes of setting maximum
				contaminant levels for synthetic organic chemicals, any best available
				technology must be at least as effective as granular activated
				carbon.
7. "By product material"
				means surface wastes or material resulting from in situ leach mining.
				Underground ore bodies depleted by in situ leach mining do not constitute by
				product material.
8. "Casing" means
				a pipe or tubing of appropriate material lowered into a borehole during or
				after drilling to support the sides of the hole to prevent the walls from
				caving; to prevent loss of drilling mud into porous ground; and to prevent
				water, gas, or other fluid from entering or leaving the hole.
9. "Catastrophic collapse" means the sudden
				and complete failure of overlying strata caused by removing underlying
				materials.
10. "Cementing" means
				the process of mixing and placing cement grout in a hole to prevent the
				vertical movement of fluids in the hold or the annulus.
11. "Class III well" means under the federal
				underground injection control program promulgated under part C of the Safe
				Drinking Water Act,
				42 U.S.C.
				300 et seq. (2003), a well that injects
				fluids for extraction of minerals, including solution mining of minerals. The
				term includes any well used in:
a. Mining of
				sulfur by the Frasch process;
b. In
				situ leach mining of uranium or other metals (This category includes only in
				situ production from ore bodies that have not been conventionally mined. Wells
				used for solution mining, such as stope leaching, are classified as class V
				wells.); or
c. In situ mining of
				salts, trona, or potash.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-02 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter contains general rules adopted to conserve the
				  natural resources of North Dakota and to prevent pollution of freshwater
				  supplies, to provide for the protection of the environment and public safety,
				  to ensure the optimum recovery of the mineral resource, and the reclamation of
				  all land disturbed by operations regulated by this chapter to a condition
				  consistent with prior land use and productive capacity. Special rules and
				  orders will be issued when required and prevail over general rules, and orders
				  if in conflict. 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
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-03 - Permit required

Current through Supplement No. 393, July, 2024
A permit is required prior to commencement of mining. The
				  commission shall review the facility permit at least once every five years to
				  determine whether the permit should be amended, modified, or revoked.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-04 - Submission of permit application

Current through Supplement No. 393, July, 2024
Any person who conducts or expects to conduct mining
				  operations shall file with the department a complete permit application and all
				  required materials. The applicant shall file with the department proof that it
				  submitted a copy of the application to the county recorder in the county in
				  which the proposed permit area is located.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-05 - Review for completeness

Current through Supplement No. 393, July, 2024
The department will determine whether the application is
				  complete. The department will notify the applicant in writing, within thirty
				  days after the application is submitted, whether the application is complete or
				  specify deficiencies that must be corrected in order to complete the
				  application. If the application is substantially deficient, it will be
				  rejected. The department will notify the applicant when the application is
				  considered complete.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-06 - Review period

Current through Supplement No. 393, July, 2024
1. The department
				will have one hundred eighty days after the filing date to approve or
				disapprove the application.
2. The
				department may extend the review period not to exceed an additional one hundred
				eighty days if:
a. Additional time is needed
				to correct application deficiencies.
b. Significant changes are submitted that in
				the department's judgment require additional time to review. The department may
				require additional public notification of the amended application.
c. The department requires additional time to
				conduct an informal conference or a formal hearing or complete the decision.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-07 - Permit applications and annual operating fees

Current through Supplement No. 393, July, 2024
A fee of twenty thousand dollars must accompany the permit
				  application. Permit revisions may require additional fees not to exceed ten
				  thousand dollars.
The annual operating fees must be based upon the costs to
				  monitor and inspect the facility.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-08 - Notice of hearing

Current through Supplement No. 393, July, 2024
The commission will give thirty days' notice (except in an
				  emergency) to the general public of the time and place of the hearing on the
				  application. Immediately upon receiving notice of the hearing date, the permit
				  applicant shall give notice by certified mail to surface and subsurface owners
				  within the permit application area and to the county recorder in the county or
				  counties in which the proposed permit area is located.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-09 - Information added after filing date

Current through Supplement No. 393, July, 2024
Additional information submitted to the department by the
				  applicant to supplement, correct, amend, or clarify an application following
				  the filing date must also be submitted with the county recorder in the county
				  or counties in which the proposed permit area is located. The additional
				  information must be submitted at least thirty days before the hearing date. The
				  applicant must transmit proof of submission to the department. The department
				  shall give notice to the public of the additional information at least fifteen
				  days before the scheduled hearing date.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-10 - Notice to agencies

Current through Supplement No. 393, July, 2024
Within the first ten days of the review period of a permit
				  application, the department shall send copies of the application to the
				  department of agriculture, the state department of health, and to the state
				  water commission.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-11 - Summary document

Current through Supplement No. 393, July, 2024
The permit application must contain a summary document that
				  describes the main elements of the operation and identifies the major
				  environmental issues involved.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-12 - Permit approval or denial

Current through Supplement No. 393, July, 2024
Within ninety days of the hearing, or a reasonable time
				  thereafter, the department will notify the applicant of the commission's
				  decision as to whether the permit is approved or denied.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-13 - Bond

Current through Supplement No. 393, July, 2024
1. Before any person receives a mining
				permit, the person shall submit to the department and obtain its approval of a
				surety bond or cash bond. An alternate form of security may be approved by the
				department. Each such surety bond must be executed by a responsible surety
				company authorized to transact business in North Dakota.
2. The amount of the bond must be
				commensurate with size and scope of the mining operation and the cost of
				abandoning operation and reclamation.
3. The information provided in section
				43-02-02.2-18, along with any
				additional information available to the department, will be used to determine
				the reclamation costs.
4. The size
				and the scope of the operation will be evaluated annually and the department
				may increase or decrease the bond amount to reflect the results of the
				evaluation.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-14 - Permit application - General requirements

Current through Supplement No. 393, July, 2024
1. All applications must be submitted in a
				format satisfactory to the department. The applicant shall provide information
				that is complete, current, presented clearly and concisely, and supported by
				appropriate references to technical and other written material. All technical
				analyses must have been conducted by a qualified individual. The department may
				require the applicant to supplement the application with information beyond
				that specifically required by these rules if the department believes that
				additional information is necessary to make an informed decision.
2. The applicant shall provide four copies of
				the application to the department and one copy to the county recorder in the
				county in which the proposed permit area is 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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-16 - Permit application - Additional baseline information

Current through Supplement No. 393, July, 2024
1. Baseline water
				quality and water level data must be submitted with the application. The data
				must represent at least a one-year period during which data is collected
				monthly unless the applicant can demonstrate to the department's satisfaction
				that less frequent sampling or sampling for a shorter period for specific
				locations is hydrologically justifiable. In no case may baseline sampling be
				less frequent than quarterly.
2.
				The following information is required:
a.
				Ground water baseline information, including:
(1) A geochemical, lithological, and
				mineralogical description of the receiving strata and any aquifers that may be
				affected by injecting mining solution;
(2) Aquifer characteristics for the
				water-saturated portions of the receiving strata and aquifers that may be
				affected by the mining process. Characteristics must include aquifer thickness,
				velocity and direction of ground water movement, potentiometric gradient,
				storage coefficients or specific yields, transmissivity or hydraulic
				conductivity, water level data, recharge and discharge areas, and the
				directions of preferred flow under hydraulic stress in the saturated zones of
				the receiving strata. The extent of hydraulic connection between the receiving
				strata and overlying and underlying aquifers and the hydraulic characteristics
				of any influencing boundaries in or near the proposed production areas must be
				determined and described; and
(3)
				The volume and areal extent of ground water anticipated to be influenced by the
				injection activities. The area of review must include the area within a
				one-quarter mile [.40 kilometer] radius of the injection wells, or as
				determined by the department.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-17 - Permit application - Mine operations plan

Current through Supplement No. 393, July, 2024
Applications must include a mining plan, which must
				  include:
1. A narrative description of
				the mining and milling techniques to be employed, including plan view maps of
				the proposed mining;
2. A narrative
				description of the proposed depth and direction of mining including
				representative maps and cross sections;
3. A map depicting the proposed locations of
				all buildings and infrastructure, including pipelines, surface impoundments,
				waste dumps, and other mine-related facilities;
4. Discussion and illustration of the
				estimated mining schedule, including:
a. A
				list of the proposed wellfields;
b.
				A map showing the proposed sequence for mining the wellfields;
c. An estimated time schedule for mining each
				wellfield; and
d. The capacity of
				the water and wastewater treatment systems and correlation of their capacity
				with the mining and restoration schedules;
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-18 - Permit application - Reclamation plan

Current through Supplement No. 393, July, 2024
Applications must include a reclamation plan that contains
				  the following:
1. Discussion and
				information necessary to demonstrate that ground water restoration will be
				achieved, including:
a. A list of the proposed
				wellfields;
b. A map showing the
				estimated sequence for restoring the wellfields;
c. A potentiometric map of the ground water
				surface in the shallowest aquifer, production zone, and adjacent
				aquifers;
d. The geochemistry of
				the shallowest aquifer and the production zone and of up-gradient and
				down-gradient aquifers, to include oxidation-reduction conditions and common
				ions;
e. The direction and velocity
				of ground water movement through the producing zone;
f. The proposed methods to restore ground
				water quality, based on the geochemistry of the production zone and the
				chemistry of the mining solutions;
g. An estimated time schedule for restoring
				each wellfield; and
h. Proposed
				ground water quality restoration values;
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-19 - Determination of ground water restoration demonstration

Current through Supplement No. 393, July, 2024
In deciding whether a sufficient demonstration has been made
				  by the operator under subsection 1 of section
				  43-02-02.2-18, the department
				  shall consider the premining baseline water quality and geochemistry, including
				  up-gradient and down-gradient aquifers and the direction and velocity of ground
				  water movement through the producing zone.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-20 - Ground water restoration values

Current through Supplement No. 393, July, 2024
1.
				Based upon the information submitted under subsection 1 of section
				43-02-02.2-18 and the
				determination under section
				43-02-02.2-19, the department
				shall develop a tabulation of assigned ground water quality restoration values
				that are the compliance requirements for restoring the production and
				nonproduction zones. The restoration values must be based on premining baseline
				conditions. If the ground water restoration demonstration under subsection 1 of
				section 43-02-02.2-18 indicates that the
				operation will be unable to return affected ground water to baseline conditions
				by applying best available technology, the department may set the restoration
				values as follows:
a. To not exceed
				concentration levels listed in the North Dakota water quality standards (
				33-16-02.1) or narrative standards; or
b. To not exceed the health advisory levels
				or secondary drinking water regulations set by the United States environmental
				protection agency; and
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-21 - Establishing baseline water quality and control parameters in new mining areas

Current through Supplement No. 393, July, 2024
1. Before mining a
				new area in a production zone, the operator shall submit a baseline ground
				water quality sampling plan that includes an adequate number of wells and
				samples to adequately characterize baseline water quality in production and
				nonproduction zones in and adjacent to the new mining area, including all
				aquifers potentially affected by the proposed mining operation. Water samples
				may not be taken until the specific conductivity, temperature, and pH have
				stabilized. These parameters are considered stabilized when there is less than
				0.2 pH unit change and ten percent change in conductivity and temperature for
				at least three consecutive well volumes. These samples must be analyzed for the
				following parameters: ammonia, antimony, arsenic, barium, beryllium,
				bicarbonate, boron, cadmium, calcium, carbonate, chloride, chromium,
				conductivity, copper, dissolved oxygen, fluoride, gross alpha, gross beta,
				iron, lead, magnesium, manganese, mercury, molybdenum, nitrate, nitrate +
				nitrite, pH, potassium, selenium, sodium, sulfate, radium-226 and 228,
				thallium, total dissolved solids, uranium, vanadium, and zinc, and any other
				parameter specified by the department.
2. All baseline wells must be sampled at
				least once every month for a minimum of twelve months before any mining
				activities may occur. If a well shows results indicating a statistically
				significant variance for a parameter, whether due to laboratory error or
				natural fluctuation, the department may require additional samples. Sample
				results for each well must be submitted to the department.
3. The department shall consider the baseline
				water quality to determine the control parameter and the upper limit value of a
				control parameter that, if exceeded, indicates that an injected fluid may be
				present.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-22 - Technical revisions to an in situ leach mine permit

Current through Supplement No. 393, July, 2024
The department, through permit conditions, may approve
				  proposed technical revisions to the injection well portion of a permit without
				  requiring a permit amendment. These revisions may include the following:
1. Correcting typographical errors;
2. Modifying monitoring plan
				reporting requirements;
3.
				Modifying quantities or types of fluids injected that are within the capacity
				of the facility as permitted and would not interfere with its operation or its
				ability to meet permit conditions and would not change its classification;
4. Well construction requirements;
5. Adding wells to the wellfield
				within the permit area if the requirements of section
				43-02-02.2-34 are met;
6. Modifying injection rates and pressures;
7. Modifying a well repair,
				abandonment, plugging, or conversion plan; and
8. Delaying the plugging requirement of
				subsection 4 of section
				43-02-02.2-32 for an unused well.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-23 - Designation of exempted aquifers

Current through Supplement No. 393, July, 2024
The department, after notice and hearing, may exempt an
				  aquifer or a portion of an aquifer and designate it as an exempted aquifer for
				  class III underground injection control if it meets the following criteria:
1. It does not currently serve as a
				source of drinking water; and
2.
				It cannot now and will not in the future serve as a source of drinking water
				for any of the following reasons:
a. It
				produces minerals, hydrocarbons, or geothermal energy, or can be demonstrated
				to contain minerals or hydrocarbons that, considering their quantity and
				location, are expected to be produced commercially;
b. It is situated at a depth or location that
				makes recovery of water for drinking water purposes economically or
				technologically impractical;
c. It
				is so contaminated that it would be economically or technologically impractical
				to render the water fit for drinking; or
d. It is located over an injection well
				mining area subject to subsidence or catastrophic collapse; or
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-24 - Injection wells subject to this chapter

Current through Supplement No. 393, July, 2024
An injection well for mining must comply with 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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-25 - Well location and protection

Current through Supplement No. 393, July, 2024
In selecting well locations, protecting wells, and
				  maintaining well covers, the following requirements apply:
1. The top of the casing must end at least
				twelve inches [30.48 centimeters] above grade. The top of the casing must end
				at least twenty-four inches [60.96 centimeters] above any known high water
				conditions of flooding from runoff or ponded water, and the immediate area
				around the well's collar must slope away from the well to direct surface runoff
				away from the well;
2. Installing
				wells in the channels and floodplains of perennial drainages is prohibited;
3. Wells installed in an ephemeral
				or intermittent drainage may not be located in the channel of the drainage.
				During well construction and use, steps must be taken to minimize the potential
				for damage to the channel, to protect the well from damage due to erosion, and
				to prevent surface water runoff from entering the well;
4. The well opening must be closed with a
				cover to prevent introducing undesirable material into the well. This cover
				must be locked unless access to the well opening is controlled through another
				method;
5. If a well is to be
				constructed near buildings or power lines, the well must be located at a
				distance from the buildings and power lines to provide access for repairs,
				maintenance, sampling, and similar work. A well must clear any projection from
				any building by three feet [.91 meter] and clear any power line by ten feet
				[3.05 meters]; and
6. No injection
				or production well shall be drilled less than five hundred feet [152.40 meters]
				from an occupied dwelling unless agreed to in writing by the surface owner or
				authorized by order 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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-27 - Well construction requirements - Injection wells

Current through Supplement No. 393, July, 2024
The following construction requirements apply to injection
				  wells and are in addition to the requirements of section
				  43-02-02.2-26:
1. Appropriate logs and other tests must be
				maintained and conducted during the drilling and construction of injection
				wells. A descriptive report prepared by a knowledgeable log analyst
				interpreting the results of such logs must be submitted to the department. The
				logs and tests appropriate to each type of injection well must be determined
				based on the intended function, depth, construction, and other well
				characteristics, availability of similar data in the area of the drilling site,
				and the need for additional information that may arise from time to time during
				the well's construction; and
2.
				All injection wells must be constructed to prevent the migration of fluids to
				unauthorized zones. The casing and annular sealing material used in each newly
				drilled well must be designed for the well's life expectancy. In determining
				these requirements the following factors must be considered:
a. Depth to the deepest injection zone;
b. Injection pressure, external
				and internal pressure, axial loading, and related information;
c. Hole size;
d. Size and grade of all casing strings,
				including well thickness, diameter, nominal weight, length, joint
				specification, and construction material;
e. Corrosiveness of injected fluids and
				formation fluids;
f.Lithology of
				injection zone and confining zones; and
g. Type and grade of cement used to seal the
				annular space between the outer casing and the borehole.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-28 - Monitoring wells - Minimum requirements

Current through Supplement No. 393, July, 2024
In determining the number, location, and construction of
				  monitoring wells, and the frequency of sampling from monitoring wells, the
				  following must be considered:
1.
				Whether any person relies on the underground source of drinking water affected
				or potentially affected by the injection operation;
2. The proximity of the injection operation
				to points of withdrawal of drinking water;
3. The local geology and hydrology;
4. The operating pressures and
				whether a negative pressure gradient is being maintained;
5. The toxicity and volume of the injected
				fluid, the formation water, and the process byproducts; and
6. The spatial distribution of the injection
				wells.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-29 - Disposal of drill cuttings

Current through Supplement No. 393, July, 2024
1. The
				operator may dispose and bury drill cuttings in a pit at the well site, such as
				the mud pit used to circulate drilling fluids, once the drilling operation is
				complete, if:
a. The drill cuttings are
				generated from the well at the well site;
b. The drill cuttings are not contaminated
				with brines, oil, production fluids, or drilling fluids other than tophole
				water or fresh water;
c. The pit
				is backfilled and topsoil replaced, and the site is graded to promote runoff
				with no depression that would accumulate or pond water on the surface. The
				stability of the backfilled pit must be compatible with the adjacent land;
d. The surface of the backfilled
				pit area is revegetated under the approved reclamation plan to stabilize the
				soil surface; and
e. The surface
				ofthe backfilled drill cutting pit will not exceed the limits set by the United
				States nuclear regulatory commission.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-30 - Mechanical integrity

Current through Supplement No. 393, July, 2024
1. Injection and
				production wells must maintain mechanical integrity until the wells are plugged
				under the approved plugging and abandonment plan.
2. Before putting a new injection well into
				service, its mechanical integrity must be tested. A schedule and methods for
				mechanical integrity testing must be included in the permit, and are permit
				conditions. The schedule and methods must meet the following requirements:
a. One of the following methods must be used
				to evaluate the absence of significant leaks in the casing, tubing, or packer:
(1) Following an initial pressure test, the
				tubing casing annulus pressure must be monitored with sufficient frequency to
				be representative, as determined by the department, while maintaining an
				annulus pressure different from atmospheric pressure measured at the surface;
(2) Pressure test with liquid or
				gas; or
(3) An alternative method
				if specified in the permit or is approved by the department through a technical
				revision.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-31 - Supervision of well construction and testing

Current through Supplement No. 393, July, 2024
All phases of well construction and testing must be done
				  under the supervision of a water well or monitoring well contractor pursuant to
				  chapter
				  33.1-18-01 and North
				  Dakota Century Code chapter 43-35.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-32 - Requirements for plugging drill holes and repair, conversion, and plugging wells

Current through Supplement No. 393, July, 2024
The requirements for plugging drill holes and repairing,
				  converting, and plugging wells are as follows:
1. All drill holes must be plugged under
				subsection 19 of section
				33.1-18-01-06
				requirements, as applicable, in a manner that will not allow fluids to move
				either into or between water-bearing strata;
2. The operator shall notify the department
				forty-five days before plugging a well within a production area or converting a
				well to other than injection well uses;
3. All abandoned wells must be plugged or
				converted, in accordance with the permit's plugging or conversion plan, to
				ensure that ground water is protected and preserved for future use and to
				eliminate any potential physical hazard. A well is considered abandoned if it
				has not been used for two years, unless the operator submits to the department
				and receives approval for a technical revision demonstrating the operator's
				intention to use the well again and the actions and specifying procedures that
				will be taken to ensure that the well's mechanical integrity is maintained and
				the well will not endanger any unauthorized zone, underground source of
				drinking water, or water-bearing strata;
4. All wells completed in confined aquifers
				or encountering more than one aquifer must be plugged in accordance with
				subsection 19 of section
				33.1-18-01-06;
5. All wells completed in unconfined aquifers
				or with only one aquifer encountered must be plugged in accordance with
				subsection 19 of section
				33.1-18-01-06;
6. To ensure that the locations of abandoned
				wells are identified:
a. The boundaries of
				each wellfield and the location of all monitoring wells around the wellfield
				must be described in an affidavit and the affidavit must be filed with the
				appropriate county recorder; and
b.
				The top of the plugging mixture in each abandoned well must clearly show on a
				steelplate placed atop the sealing mixture the permit number and the well
				identification number. All steelplates must be installed at a minimum depth of
				two feet [.61 meter] below the land surface; and
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-33 - Corrective actions for improperly sealed wells

Current through Supplement No. 393, July, 2024
1. Improperly sealed, completed, or abandoned
				wells must be corrected. The operator shall submit a plan, for department
				approval, that sets forth actions to be taken to prevent movement of fluid
				between or into water-bearing strata, including underground sources of drinking
				water, and otherwise into unauthorized zones. The plan must provide information
				on each well to be remedied, including whether it is a production, monitoring,
				or abandoned well; the well name or number; and a description of the well's
				condition.
2. In determining the
				adequacy of corrective plans, the department shall consider the following:
a. Nature and volume of injected fluid;
b. Nature of native fluids or
				byproducts of injection;
c.
				Geology;
d. Hydrology;
e. History of the injection operation;
f. Completion and plugging
				records;
g. Abandonment procedures
				in effect at the time the well was abandoned; and
h. Hydraulic connections between
				water-bearing strata, including underground sources of drinking water.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-34 - Authorizing new injection wells within permit area boundary

Current through Supplement No. 393, July, 2024
The department may approve proposed technical revisions under
				  section 43-02-02.2-22 to allow the
				  operator to construct and operate new injection wells within the permit area
				  if:
1. The wells meet the
				construction requirements; and
2.
				The cumulative effect of drilling and operating additional injection wells is
				considered and accepted by the department.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-35 - Design and construction of surface facilities

Current through Supplement No. 393, July, 2024
1. The operator
				shall submit plans and specifications to the department before constructing the
				following surface facilities:
a. Process or
				recovery plants and satellite facilities;
b. Ponds and impoundments;
c. Pipelines;
d. Well houses or transfer
				stations;
e. Fuel storage
				areas;
f. by product disposal
				areas; and
g. Any other facility
				that may contain substances that could impact human health or degrade the
				environment if spilled, discharged, or released.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-36 - Construction quality assurance plan

Current through Supplement No. 393, July, 2024
1. The
				operator shall develop, for the department's approval, a construction quality
				assurance plan that addresses all aspects of constructing surface facilities.
				The plan must include the following:
a. A
				description of the responsibilities and authorities of key personnel, including
				the level of experience and training;
b. A description of the required level of
				experience, training, and duties of the contractor, the contractor's employees,
				and the quality assurance inspectors;
c. A description of the testing protocols for
				every major phase of construction, including the frequency of inspections,
				field testing, and sampling for laboratory testing;
d. The sampling and field testing procedures
				and the equipment to be used;
e.
				The calibration of field testing equipment;
f. The laboratory procedures to be used; and
g. Documentation to be maintained.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-37 - Pipeline design and construction requirements

Current through Supplement No. 393, July, 2024
1. Pipeline systems
				must be constructed with materials that have the strength, thickness, and
				chemical properties that prevent failure due to pressure gradients, physical
				contact with the waste or fluids to which the pipes are exposed, climatic
				conditions, stress of installation, seismic, and stress of daily
				operation.
2. Design and
				construction requirements for wellfield pipelines and pipelines between the
				wellfield and processing and satellite facilities must include an early
				detection and shutdown capability in the event of pressure drop or loss of
				flow. This may include automatic motor-operated valves with pressure
				transmitters and manually operated valves or devices.
3. Alternative pipeline designs may be used
				if they provide an equivalent degree of protection to surface and ground water.
				Pipelines, for facilities that produce radioactive elements, must be designed
				and constructed in accordance with United States nuclear regulatory commission
				requirements.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-38 - Radioactive element recovery plant and satellite facility design and construction requirements

Current through Supplement No. 393, July, 2024
Radioactive element mine recovery plants and satellite
				  facilities must be designed and constructed in accordance with United States
				  nuclear regulatory commission requirements.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-39 - Radioactive element by product material handling and disposal systems

Current through Supplement No. 393, July, 2024
Radioactive solids must be disposed of in accordance with
				  article 33.1-10, United States nuclear
				  regulatory commission source and by product material license requirements, and
				  North Dakota Century Code chapters 23.1-02 and 38-23.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-40 - Disposal of liquid waste

Current through Supplement No. 393, July, 2024
All liquid waste streams must be:
1. Collected and retained in lined
				evaporation ponds or impoundments constructed in accordance with
				chapter
				33.1-20-08.1;
2. Disposed of in a permitted class I or V
				underground injection control disposal well under a department of environmental
				quality underground injection control program permit in accordance with
				33.1-25-01;
3. Land applied under a solid waste permit in
				accordance with
				33.1-20-09; or
4. Treated if necessary and discharged under
				a North Dakota pollution discharge elimination system surface water discharge
				permit in accordance with
				33.1-16-01.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-41 - Disposal of nonradioactive solid waste

Current through Supplement No. 393, July, 2024
All nonradioactive solid waste must be disposed of off site
				  at a permitted solid waste facility or may be disposed of onsite if disposal
				  occurs in a solid waste facility permitted according to the North Dakota solid
				  waste rules in
				  article
				  33.1-20. In addition,
				  the demolition and disposal of any structure must comply with the asbestos
				  requirements in section
				  33.1-15-13-02.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-42 - Prohibitions - Injection volumes and pressure

Current through Supplement No. 393, July, 2024
The permit must include maximum injection volume and pressure
				  limits that may not be exceeded, except during well stimulation, to ensure that
				  fractures are not created in the confining zone or zones, injected fluids do
				  not migrate into any unauthorized zone or underground source of drinking water,
				  and formation fluids are not displaced into any unauthorized zone or
				  underground source of drinking water. Operating requirements must specify that
				  injection pressure be calculated at the wellhead. Injection between the
				  outermost casing protecting unauthorized zones and the well bore is prohibited.
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 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-43 - Production area operational monitoring requirements

Current through Supplement No. 393, July, 2024
The permit's monitoring plan must describe the procedures for
				  monitoring the quantity and quality of mining solution and ground water in the
				  production area and must include provisions for:
1. The analysis of the physical and chemical
				characteristics of the injected fluid, with sufficient frequency, and at least
				monthly, to yield representative data. Manifold monitoring may be used in cases
				of facilities consisting of more than one injection well operating with a
				common manifold. Separate monitoring systems for each well are not required
				provided the operator demonstrates to the department that manifold monitoring
				is comparable to individual well monitoring;
2. Monitoring injection pressure and either
				flow rate or volume every two weeks, or metering and recording daily injected
				and produced fluid volumes;
3.
				Monitoring the fluid level in the injection zone every two weeks;
4. Monitoring wells in the injection zone
				shall be sampled every two weeks for chloride, total dissolved solids,
				alkalinity, conductivity, and any additional parameters requested by the
				department;
5. Monitoring ground
				water quality, including the control parameters, and fluid levels in monitoring
				wells completed above and below the production zone a minimum of every two
				weeks; and
6. A minimum of
				quarterly monitoring of department-specified wells within one-quarter mile [.40
				kilometer] of the production site to detect migration of recovery fluids from
				the production zone.
General Authority: NDCC
					 38-12-03
Law Implemented: NDCC
					 38-12-03