reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-30.1 - 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 the soil. Discharged
				  fluids must be properly removed and may not be allowed to remain standing
				  within or outside of diked areas, although the remediation of such fluids may
				  be allowed onsite if approved by the director. Operators and responsible
				  parties must respond with appropriate resources to contain and clean up
				  spills.
A sundry notice (form 4) must be submitted within ten days
				  after cleanup of any spill or leak in which fluids are not properly removed or
				  appropriate resources are not utilized to contain and clean up the spill unless
				  deemed unnecessary by the director. The notice must include the date of the
				  occurrence, date of cleanup, amount and type of each fluid involved,
				  identification of the site affected, root cause of the incident, and
				  explanation of how the volume was determined.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-32 - Stratigraphic test and core holes

Current through Supplement No. 393, July, 2024
Stratigraphic test and core holes shall be permitted the same
				  as oil and gas wells, although no setback from a drilling unit shall be
				  required.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-33 - 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) to plug with the director, 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, and a well bore diagram showing the current conditions downhole,
				  including all data pertinent to plugging the well in an effective manner. 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 has been accomplished, the owner or operator thereof shall
				  file a plugging record (form 7), and, if requested, a copy of the cementer's
				  trip ticket or job receipt, with the director setting forth in detail the
				  method used in plugging the well.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-34 - Method of plugging

Current through Supplement No. 393, July, 2024
All wells shall be plugged in a manner which will confine
				  permanently all 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 with file number shall
				  be welded thereon. Core or stratigraphic test holes 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 section
				  43-02-03-34.1.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-34.1 - 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, or a treating plant or saltwater
				handling facility is decommissioned, the site, access road, and other
				associated facilities constructed must be reclaimed as closely as practicable
				to original condition pursuant to North Dakota Century Code section
				38-08-04.12. Prior to site reclamation, the operator or the operator's agent
				shall file a well sundry form or facility sundry notice with the director and
				obtain approval of a reclamation plan. The operator or operator's agent shall
				provide a copy of the proposed reclamation plan 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 associated facilities; and
d.
				Reseeding plans, if applicable.
The commission will mail a copy of the approved notice to the
				  surface owner.
All equipment, waste, and debris shall be removed from the
				  site. All pipelines shall be purged and abandoned pursuant to section 43-02-03-29.1. 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 43-02-03 - Oil and Gas Conservation › Section 43-02-03-35 - 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, as provided by North Dakota Century Code section 61-01-27, shall file an
				  application for approval with the commission. The application must include, but
				  is not limited to, 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 department of water
				resources.
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 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-36 - Liability

Current through Supplement No. 393, July, 2024
The owner and operator of any well, core hole, or
				  stratigraphic test hole, whether cased or uncased, shall be liable and
				  responsible for the plugging and site reclamation thereof in accordance with
				  the rules and regulations of the commission.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-38.1 - Preservation of cores and samples

Current through Supplement No. 393, July, 2024
Unless waived by the director, operators shall have a well
				  site geologist or mudlogger on location for at least the first well drilled on
				  a multiwell pad to collect sample cuttings and to create a mudlog and geologic
				  report. Sample cuttings of formations, taken at intervals prescribed by the
				  state geologist, in all wells drilled for the production of oil or gas,
				  injection, disposal, storage operations, or geological information in North
				  Dakota, shall be washed and packaged in standard sample envelopes which in turn
				  shall be placed in proper order in a standard sample box; carefully identified
				  as to operator, well name, well file number, American petroleum institute
				  number, location, depth of sample; and shall be sent free of cost to the state
				  core and sample library within thirty days after completion of drilling
				  operations.
The operator of any well drilled for the production of oil or
				  gas, injection, disposal, storage operations, or geological information in
				  North Dakota, during the drilling of or immediately following the completion of
				  any well, shall inform the director of all intervals that are to be cored, or
				  have been cored. Unless specifically exempted by the director, all cores taken
				  shall be preserved, placed in a standard core box and the entire core forwarded
				  to the state core and sample library, free of cost, within one hundred eighty
				  days after completion of drilling operations. The director may grant an
				  extension of the one hundred eighty-day time period for good reason. 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 all
				  identification and testing procedures within thirty days of the completion of
				  such work. The state geologist may grant an extension of the thirty-day time
				  period for good reason.
The size of the standard envelopes, sample boxes, and core
				  boxes shall be determined by the director and indicated in the cores and
				  samples letter.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-39 - Limiting gas-oil ratio

Current through Supplement No. 393, July, 2024
In the event the commission has not set a limiting gas-oil
				  ratio for a particular pool, the operator of any well in such pool whose
				  gas-oil ratio exceeds two thousand shall demonstrate to the director that
				  production from such well should not be restricted pending a hearing before the
				  commission to establish a limiting gas-oil ratio. The director may restrict
				  production of any well with a gas-oil ratio exceeding two thousand, until the
				  commission can determine that restrictions are necessary to conserve reservoir
				  energy.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-39.1 - Oil production limitation

Current through Supplement No. 393, July, 2024
In the event the commission has not established spacing and
				  special field rules for a particular oil pool, oil production from any well
				  completed therein shall be a maximum of two thousand barrels per day until the
				  commission issues a decision after hearing. The director shall have the
				  authority to waive production limitations for good cause, and for special
				  tests.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-40 - Gas-oil ratio test

Current through Supplement No. 393, July, 2024
Each operator shall take a gas-oil ratio test within thirty
				  days following the completion or recompletion of an oil well. Each test shall
				  be conducted using standard industry practices unless otherwise specified by
				  the director. The initial gas-oil ratio must be reported on the well completion
				  or recompletion report (form 6 or form provided by the commission). Subsequent
				  gas-oil ratio tests must be performed on producing wells when the producing
				  pool appears to have reached bubble point. After the discovery of a new pool,
				  each operator shall make additional gas-oil ratio tests as directed by the
				  director or provided for in field rules. During tests each well shall be
				  produced at a maximum efficient rate. The director may shut in any well for
				  failure to make such test until such time as a satisfactory test can be made,
				  or satisfactory explanation given. The results of all gas-oil ratio tests shall
				  be submitted to the director on form 9, which shall be accompanied by a
				  statement that the data on form 9 is true and correct.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-41 - Subsurface pressure tests

Current through Supplement No. 393, July, 2024
The operator shall make a subsurface pressure test on the
				  discovery well of any new pool hereafter discovered and shall report the
				  results thereof 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 must remain
				  completely shut in for at least forty-eight hours prior to the test. The
				  subsurface determination must be obtained as close as possible to the top of
				  the formation containing the productive interval of the reservoir. The report
				  of the reservoir pressure test shall be filed on form 9a.
The director may shut in any well for failure to make such
				  test as herein above described until such time as a satisfactory test has been
				  made or satisfactory explanation given.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-42 - Commingling of oil from pools

Current through Supplement No. 393, July, 2024
Except as directed by the commission after 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 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
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-44 - Metered casinghead gas

Current through Supplement No. 393, July, 2024
All casinghead gas produced must be reported monthly to the
				  director in units of one thousand cubic feet [28.32 cubic meters] computed at a
				  pressure of fourteen and seventy-three hundredths pounds per square inch
				  absolute [1034.19 grams per square centimeter] at a base temperature of sixty
				  degrees Fahrenheit [15.56 degrees Celsius]. Associated gas production may not
				  be transported from a well premises or central production facility until its
				  volume has been determined through the use of properly calibrated measurement
				  equipment. All measurement equipment and volume determinations must conform to
				  American gas association standards. The operator of a well shall notify the
				  director within thirty days on a well sundry form of the connection date to a
				  gas gathering system, the metering equipment, transporter, and purchaser of the
				  gas. Any gas produced and used on lease for fuel purposes or flared may be
				  estimated or measured and must be reported on a gas production report (form 5b)
				  in accordance with section 43-02-03-52.1. Meters used to determine the use on
				  lease or flared gas volumes must be installed and calibrated in accordance with
				  American petroleum institute or American gas association standards or to the
				  meter manufacturer's recommendations.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-45 - Vented casinghead gas

Current through Supplement No. 393, July, 2024
Pending arrangements for disposition for some useful purpose,
				  all vented casinghead gas shall be burned. Each flare shall be equipped with an
				  automatic ignitor or a continuous burning pilot, unless waived by the director
				  for good reason. The estimated volume of gas used and flared shall be reported
				  to the director on a gas production report (form 5b) on or before the fifth day
				  of the second month succeeding that in which gas is produced.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-47 - Produced water

Current through Supplement No. 393, July, 2024
Monthly water production from each well must be determined
				  through the use of properly calibrated meter measurements, tank measurements,
				  or an alternate measurement method approved by the director. This includes
				  allocating water production back to individual wells on a monthly basis,
				  provided the method of volume determination and allocation procedure results in
				  reasonably accurate production volumes. Operators shall report monthly to the
				  director the amount of water produced by each well on form 5. The reports must
				  be filed on or before the first day of the second month following that in which
				  production occurred.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-48 - Measurement of oil

Current through Supplement No. 393, July, 2024
Oil production may not be transported from a well premises ,
				  central production facility, treating plant, or saltwater handling facility
				  until its volume has been determined through the use of properly calibrated
				  meter measurements or tank measurements. All meter and tank measurements, and
				  volume determinations must conform to American petroleum institute standards
				  and be corrected to a base temperature of sixty degrees Fahrenheit [15.56
				  degrees Celsius] and fourteen and seventy-three hundredths pounds per square
				  inch absolute [1034.19 grams per square centimeter].
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-48.1 - Central production facility - Commingling of production

Current through Supplement No. 393, July, 2024
1. The director may approve requests to
				consolidate production equipment at a central location. The applicant shall
				provide all information requested by the director. The director may impose such
				terms and conditions as the director deems necessary.
2. Commingling of oil and gas production from
				two or more wells in a central production facility is prohibited unless
				approved by the director. There are two types of central production facilities
				in which production from two or more wells is commingled that may be approved
				by the director.
a. A central production
				facility in which all production going into the facility has common ownership.
				For purposes of this section, production with common ownership is defined as
				production from wells that do not have diverse ownership.
b. A central production facility in which
				production going into the facility has diverse ownership. For purposes of this
				section, production with diverse ownership is defined as production from wells
				that are:
(1) In different drilling or spacing
				units; and
(2) Which have different
				mineral ownership.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-49 - Oil production equipment, dikes, and seals

Current through Supplement No. 393, July, 2024
Storage of oil in underground or partially buried tanks or
				  containers is prohibited. Surface oil tanks and production equipment must be
				  devoid of leaks and constructed of materials resistant to the effects of
				  produced fluids or chemicals that may be contained therein. Unused tanks and
				  production equipment must be removed from the site or placed into service,
				  within a reasonable time period, not to exceed one year.
Dikes must be erected around oil tanks, flowthrough process
				  vessels, and recycle pumps at any new production facility prior to completing
				  any well. Dikes must be erected and maintained around oil tanks at all
				  facilities unless a waiver is granted by the director. Dikes as well as the
				  base material under the dikes and within the diked area must be constructed of
				  sufficiently impermeable material to provide emergency containment. Dikes
				  around oil tanks must be of sufficient dimension to contain the total capacity
				  of the largest tank plus one day's fluid production. Dikes around flowthrough
				  process vessels must be of sufficient dimension to contain the total capacity
				  of the vessel. The required capacity of the dike may be lowered by the director
				  if the necessity therefor can be demonstrated to the director's
				  satisfaction.
Within one hundred eighty days from the date the operator is
				  notified by the commission, a perimeter berm, at least six inches [15.24
				  centimeters] in height, must be constructed and maintained. The berm must be
				  constructed of sufficiently impermeable material to provide emergency
				  containment and to divert surface drainage away from the site around all
				  storage facilities and production sites that include storage tanks, have a
				  daily throughput of more than one hundred barrels of fluid per day, and include
				  production equipment or load lines that are not contained within secondary
				  containment dikes. The director may consider an extension of time to implement
				  these requirements if conditions prevent timely construction, or a modification
				  of these requirements if other factors are present that provide sufficient
				  protection from environmental impacts. Prior to removing any perimeter berm,
				  the operator or owner shall obtain approval by the director.
Numbered weather-resistant security seals shall be properly
				  utilized on all oil access valves and access points to secure the tank or
				  battery of tanks.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-50 - Tank cleaning permit

Current through Supplement No. 393, July, 2024
No tank bottom waste shall be removed from any tank used for
				  the storage or sale of crude oil without prior approval by the director. Verbal
				  approval may be given. Prior approval to remove tank bottom waste from tanks
				  not used for the storage or sale of crude oil is not required.
Within thirty days of the removal of the tank bottom waste of
				  any tank used for the storage or sale of crude oil, the owner or operator shall
				  submit a report (form 23) showing an accurate gauge of the contents of the tank
				  and the amount of merchantable oil determinable from a representative sample of
				  the tank bottom by the standard centrifugal test as prescribed by the American
				  petroleum institute's code for measuring, sampling, and testing crude
				  oil.
Within thirty days of the removal of the tank bottom waste of
				  any permanent tank not used for the storage or sale of crude oil, the owner or
				  operator shall submit a sundry notice (form 4) detailing the cleaning
				  operation.
All tank bottom waste must be disposed of in a manner
				  authorized by the director and in accordance with all applicable local, state,
				  and federal laws and regulations. Nothing contained in this section shall apply
				  to reclaiming of pipeline break oil or the treating of tank bottoms at a
				  pipeline station, crude oil storage terminal, or refinery or to the treating by
				  a gasoline plant operator of oil and other catchings collected in traps and
				  drips in the gas gathering lines connected to gasoline plants and in scrubbers
				  at such plants.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-51 - Treating plant

Current through Supplement No. 393, July, 2024
No treating plant may be constructed or site or access road
				  construction commenced without obtaining a permit from the commission after
				  notice and hearing. A written application for a treating plant permit shall
				  state in detail the location, type, capacity of the plant contemplated, method
				  of processing proposed, and the plan of operation for all plant waste. The
				  director shall give the county auditor notice at least fifteen days prior to
				  the hearing of any application in which a request for a treating plant is
				  received.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-51.1 - Treating plant permit requirements

Current through Supplement No. 393, July, 2024
1. The treating
				plant permit application must be submitted on form 1tp and shall include at
				least the following information:
a. The name
				and address of the operator.
b. An
				accurate plat certified by a registered surveyor showing the location of the
				proposed treating plant and the center of the site with reference to true north
				and the nearest lines of a governmental section. The plat shall also include
				the latitude and longitude of the center of the proposed treating plant
				location to the nearest tenth of a second, and the ground elevation. The plat
				shall also depict the outside perimeter of the treating plant and verification
				that the site is at least five hundred feet [152.4 meters] from an occupied
				dwelling.
c. A schematic drawing of
				the proposed treating plant site, drawn to scale, detailing all facilities and
				equipment, including the size, location, and purpose of all tanks, the height
				and location of all dikes, the location of all flow lines, and the location of
				the topsoil stockpile. It shall also include the proposed road access to the
				nearest existing public road and the authority to build such access.
d. Cut and fill diagrams.
e. An affidavit of mailing identifying each
				owner of any permanently occupied dwelling within one-quarter mile of the
				proposed treating plant and certifying that such owner has been notified of the
				proposed treating plant.
f.
				Appropriate geological data on the surface geology and its suitability for
				fluid containment.
g. Schematic
				drawings of the proposed diking and containment, including calculated
				containment volume and all areas underlain by a synthetic liner.
h. Monitoring plans and leak detection for
				all buried or partially buried structures and any concrete structure upon which
				waste or product is in direct contact.
i. The capacity and operational capacity of
				the treating plant.
j. A narrative
				description of the process and how the waste and recovered product streams
				travel through the treating plant.
k. A review of the surficial aquifers within
				one mile of the proposed treating plant site or surface facilities.
l. Any other information required by the
				director to evaluate the proposed treating plant or site.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-51.2 - Treating plant siting

Current through Supplement No. 393, July, 2024
All treating plants shall be sited in such a fashion that
				  they are not located in a geologically or hydrologically sensitive
				  area.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-51.4 - Treating plant abandonment and reclamation requirements

Current through Supplement No. 393, July, 2024
Notice of intention to abandon. The operator or the
				  operator's agent shall file a notice of intention (form 4) to abandon and
				  obtain the approval of the director, prior to the commencement of reclamation
				  operations pursuant to section
				  43-02-03-34.1.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-52 - Report of oil production

Current through Supplement No. 393, July, 2024
The operator of each well completed in any pool shall, on or
				  before the first day of the second month succeeding the month in which
				  production occurs or could occur, file with the director the amount of
				  production made by each such well upon form 5 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 said first 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. Any oil
				  produced during such shut-in period shall be deemed illegal oil and subject to
				  the provisions of North Dakota Century Code section
				  38-08-15.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-52.1 - Report of gas produced in association with oil

Current through Supplement No. 393, July, 2024
The operator of each well completed in any pool shall, on or
				  before the fifth day of the second month succeeding the month in which
				  production occurs or could occur, file with the director the amount of gas
				  produced by each such well upon form 5b 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 said fifth 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. Any gas produced during such
				  shut-in period must be deemed illegal gas and subject to the provisions of
				  North Dakota Century Code section
				  38-08-15.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-53 - Saltwater handling facilities

Current through Supplement No. 393, July, 2024
1. A saltwater handling facility may not be
				constructed without obtaining a permit from the director. Saltwater handling
				facilities in existence prior to October 1, 2016, which are not currently
				bonded as an appurtenance to a well or treating plant, have ninety days from
				the date notified by the director that a permit is required to submit the
				required information in order for the director to approve such
				facility.
2. All saltwater liquids
				or brines produced with oil and natural gas shall be processed, stored, and
				disposed of without pollution of freshwater supplies.
3. Underground injection of saltwater liquids
				and brines shall be in accordance with chapter 43-02-05.
4. The permitting and bonding requirements
				for a saltwater handling facility set forth in sections 43-02-03-53,
				43-02-03-53.1, and 43-02-03-53.3 are not to be construed to be required if the
				facility is bonded as a well or treating plant appurtenance. Such facilities
				will be considered in the permit application for the well or treating
				plant.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-53.1 - Saltwater handling facility permit requirements

Current through Supplement No. 393, July, 2024
1. A
				permit for construction of a saltwater handling facility, saltwater handling
				facility site, or access road must be approved by the director prior to
				construction. The saltwater handling facility permit application must be
				submitted on a facility sundry notice and include at least the following
				information:
a. The name and address of the
				operator.
b. An accurate plat
				certified by a registered surveyor showing the location of the proposed
				saltwater handling facility and the center of the site with reference to true
				north and the nearest lines of a governmental section. The plat also must
				include the latitude and longitude of the center of the proposed saltwater
				handling facility location to the nearest tenth of a second and the ground
				elevation. The plat also must depict the outside perimeter of the saltwater
				handling facility and verification that the site is at least five hundred feet
				[152.4 meters] from an occupied dwelling.
c. A schematic drawing of the proposed
				saltwater handling facility site, drawn to scale, detailing all facilities and
				equipment, including the size, location, and purpose of all tanks, the height
				and location of all dikes, the location of all flow lines, and the location and
				thickness of the stockpiled topsoil. The schematic drawing also must include
				the proposed road access to the nearest existing public road and the authority
				to build such access.
d. Cut and
				fill diagrams.
e. Schematic
				drawings of the proposed diking and containment, including calculated
				containment volume and all areas underlain by a synthetic liner, as well as a
				description of all containment construction material.
f. The anticipated daily throughput of the
				saltwater handling facility.
g. A
				review of the surficial aquifers within one mile of the proposed treating plant
				site or surface facilities.
h. Any
				other information required by the director to evaluate the proposed saltwater
				handling facility or site.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-53.2 - Saltwater handling facility siting

Current through Supplement No. 393, July, 2024
All saltwater handling facilities must be sited in such a
				  fashion that they are not located in a geologically or hydrologically sensitive
				  area.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-53.4 - Saltwater handling facility abandonment and reclamation requirements

Current through Supplement No. 393, July, 2024
Notice of intention to abandon. The operator or the
				  operator's agent shall file a notice of intention (form 4) to abandon and
				  obtain the approval of the director, prior to the commencement of reclamation
				  operations pursuant to section
				  43-02-03-34.1.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-54 - 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 oil and gas conservation statutes or any rule,
				  regulation, or order of the commission, the director shall within a 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 are necessary to
				  enjoin further violations.
General Authority:
NDCC
					 38-08-04,
					 38-08-12
Law Implemented:
NDCC
					 38-08-04,
					 38-08-12
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-57 - Determination of gas well potential

Current through Supplement No. 393, July, 2024
After the completion or recompletion of a gas well, the
				  operator shall conduct tests to determine the daily open flow potential of the
				  well. The test results together with an analyses of the gas shall be reported
				  to the director within thirty days after completion of the well.
Operators shall conduct either a stabilized one-point
				  back-pressure test or a multipoint back-pressure test in accordance with the
				  "Manual of Back-Pressure Testing of Gas Wells" published by the interstate oil
				  and gas compact commission unless otherwise approved by the
				  director.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-59 - Production from gas wells to be measured and reported

Current through Supplement No. 393, July, 2024
Gas production may not be transported from gas well premises
				  until its volume has been determined through the use of properly calibrated
				  measurement equipment. All measurement equipment and volume determinations must
				  conform to American gas association standards and corrected to a pressure of
				  fourteen and seventy-three hundredths pounds per square inch absolute [1034.19
				  grams per square centimeter] at a base temperature of sixty degrees Fahrenheit
				  [15.56 degrees Celsius]. Gas production reports (form 5b) shall be filed with
				  the director on or before the fifth day of the second month succeeding that in
				  which production occurs.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-60.1 - Valuation of flared gas

Current through Supplement No. 393, July, 2024
The value of gas flared from an oil well in violation of
				  North Dakota Century Code section
				  38-08-06.4 shall be determined by
				  the commission after notice and hearing.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-06.4
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-60.2 - Flaring exemption

Current through Supplement No. 393, July, 2024
The connection of a well to a natural gas gathering line is
				  "economically infeasible" under North Dakota Century Code section
				  38-08-06.4, if the direct costs of
				  connecting the well to the line and the direct costs of operating the
				  facilities connecting the well to the line during the life of the well, are
				  greater than the amount of money the operator is likely to receive for the gas,
				  less production taxes and royalties, should the well be connected. In making
				  this calculation, the applicant may add ten percent to the amount of the cost
				  of connecting the well and of operating the connection facilities used to
				  determine whether a connection is economically infeasible. This ten percent may
				  be added in consideration of the cost of money and other overhead costs that
				  are not figured in the direct costs of connecting the well and operating the
				  connecting facilities.
An applicant for an exemption under North Dakota Century Code
				  section 38-08-06.4 must, at the minimum,
				  present evidence covering the following areas:
1. Basis for the gas price used to determine
				whether it is economically infeasible to connect the well to a natural gas
				gathering line;
2. Cost of
				connecting the well to the line and operating the facilities connecting the
				well to the line;
3. Current daily
				rate of the amount of gas flared;
4. The amount of gas reserves and the amount
				of gas available for sale;
5.
				Documentation that it is economically infeasible to equip the well with an
				electrical generator to produce electricity from gas; and
6. Documentation that it is economically
				infeasible to equip the well with a system that intakes seventy-five percent of
				the gas and natural gas liquids volume from the well for beneficial consumption
				by means of compression to liquid for use as fuel, transport to a processing
				facility, production of petrochemicals or fertilizer, conversion to liquid
				fuels, and separating and collecting over fifty percent of the propane and
				heavier hydrocarbons.
General Authority:
NDCC 38-07-04
Law Implemented:
NDCC
					 38-08-06.4
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-60.3 - Application to certify well for temporary gas tax exemption

Current through Supplement No. 393, July, 2024
Any operator desiring to certify a well for purposes of
				  eligibility for the gas tax incentive provided in North Dakota Century Code
				  chapter 57-51 shall submit to the director an application for certification as
				  an oil or gas well employing a system to avoid flaring. The operator has the
				  burden of establishing entitlement to certification and shall submit all data
				  necessary to enable the commission to determine whether a well is entitled to
				  the tax exemption.
An application for a temporary gas tax exemption under North
				  Dakota Century Code chapter 57-51 must, at the minimum, include the following
				  information:
1. Name and address of
				the applicant and name and address of the person operating the well, if
				different.
2. Name and number of
				the well and the legal description of the location of the well for which a
				certification is requested.
3. If
				gas is collected and used at a well or facility site to power an electrical
				generator, the following information must be included:
a. Name and manufacturer of the electrical
				generator,
b. Date electrical
				generation commenced.
c. Volume of
				gas consumed by the electrical generator during a minimum seven-day test period
				and the volume of gas produced by the well during such test period.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-61 - Storage gas

Current through Supplement No. 393, July, 2024
With the exception of the requirement to meter and report
				  monthly the amount of gas injected and the amount of gas withdrawn from
				  storage, in the absence of waste, this chapter shall not apply to gas being
				  injected into or removed from storage.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04