reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-05 - Review and Award Contracts and Contract Terms › Section 43-03-05-01 - Application evaluation - Criteria

Current through Supplement No. 393, July, 2024
All applications will be evaluated according to the criteria
				  set forth in North Dakota Century Code chapter 54-17.5, and the criteria
				  established by the commission as stated in this section.
1.
General criteria.
Priority
				areas of the program include, but are not limited to, marketing applications of
				lignite and lignite products; reclamation applications that will reduce
				unnecessary regulatory costs; demonstration or development activities for
				lignite projects and activities and for lignite products that have a high
				probability of commercialization; and base-line research that promotes
				additional lignite production or lignite products for the economic growth of
				North Dakota. The project must be applicable to research, development, or
				marketing of lignite or products derived from lignite or land reclamation
				research. The projects need not be unique to North Dakota's lignite resources
				but must be applicable to them. It is preferred that the project focus on the
				development and use of lignite rather than basic research.
2.
Specific criteria.
a. Projects should conform to the following
				criteria:
(1) Preserve or enhance existing
				jobs and create the opportunity for additional jobs.
(2) Preserve or enhance existing lignite
				production.
(3) Provide the
				opportunity for development and demonstration of marketable lignite products
				and technologies.
(4) Provide for
				economic growth and benefit in coal-producing counties or those counties with
				recoverable coal reserves.
(5)
				Provide a high probability for commercialization of the process, activity, or
				technology in North Dakota by the year 2000 or before.
(6) Provide for specific marketing strategies
				and contributions to the effective marketing of lignite, its products, or
				lignite-based technologies by the year 2000 or before.
(7) Provide opportunity for reclamation
				research projects that will reduce unnecessary regulatory costs and assist in
				effectively reclaiming surface mine land to its original or better productivity
				as soon as possible.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-05 - Review and Award Contracts and Contract Terms › Section 43-03-05-02 - Application review - Initial review

Current through Supplement No. 393, July, 2024
Upon receipt of an application, the commission will determine
				  if the application meets eligibility requirements and is complete. The
				  commission shall complete this review within thirty days of the application
				  deadline date, though the commission may extend this time if needed to properly
				  review an application. If the commission determines that the application meets
				  eligibility requirements and is complete, the application will be referred to a
				  technical review committee. The commission may also refer any question it has
				  about completeness and eligibility to the technical review committee and such
				  question may then be a consideration throughout the review process.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-03,
					 54-17.5-04,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-05 - Review and Award Contracts and Contract Terms › Section 43-03-05-02.1 - Application review - Technical review committee

Current through Supplement No. 393, July, 2024
1.
Composition.
Members of a
				technical review committee are selected by the commission. Committee members
				should possess the expertise and experience necessary to adequately review the
				application.
2.
Conflict of
				interest.
No individual with a direct financial interest in a proposed
				project may be involved in any way in reviewing the application. If asked to
				review the application, the individual with the conflict of interest shall
				immediately inform the commission of the conflict. Failure to so notify the
				commission disqualifies the individual from serving on any technical review
				committee unless reinstated by the commission, and the commission may
				disqualify the application from being approved during the round of grants
				within which the conflict occurred.
3.
Review.
The technical review
				committee shall assess the technical and fiscal merits of the application. Upon
				completion of its review, the committee shall make its recommendation to the
				council. The committee shall submit its recommendation within sixty days,
				though the commission may extend this time if the committee needs more time to
				properly review the application.
4.
Notification to applicant.
The commission shall promptly notify the applicant of the recommendation
				made by the committee to the council.
Law Implemented: NDCC
					 54-17.5-03,
					 54-17.5-04,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-05 - Review and Award Contracts and Contract Terms › Section 43-03-05-02.2 - Application review - Council recommendation and commission decision

Current through Supplement No. 393, July, 2024
The council shall consider, but is not bound by, a
				  recommendation of the technical review committee. The council shall make a
				  recommendation on each application to the commission. The council shall make
				  its recommendation to the commission within thirty days of its receipt of the
				  technical review committee's recommendation, though the commission may extend
				  this time if the council needs more time to properly review the application.
				  The commission shall consider, but is not bound by, a recommendation of the
				  council. Though the commission makes the decision to approve or reject all
				  applications, the commission may only approve those applications that have
				  received a favorable council recommendation.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-02,
					 54-17.5-03,
					 54-17.5-04,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-05 - Review and Award Contracts and Contract Terms › Section 43-03-05-03 - Contracts

Current through Supplement No. 393, July, 2024
A grantee must enter into a contract with the commission and
				  submit any supporting documentation required by the commission. The application
				  will form an integral part of the contract. The commission shall provide a
				  proposed contract to grantees within sixty days of commission approval of the
				  project. The grantee will then have sixty days to execute a contract. If a
				  contract is not executed by the grantee within the sixty days, the award will
				  be canceled unless an extension of time is granted by the commission. Work
				  carried out under a contract is the work of the grantee and not the commission.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-04,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-05 - Review and Award Contracts and Contract Terms › Section 43-03-05-04 - Disbursement of funds

Current through Supplement No. 393, July, 2024
Funds will be disbursed only after a contract has been
				  executed. All disbursements will be made according tothe schedule in the
				  contract. Disbursements may be withheld if the commission deems the grantee has
				  not complied with these rules or the contract.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-04,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-05 - Review and Award Contracts and Contract Terms › Section 43-03-05-04.1 - Project duration

Current through Supplement No. 393, July, 2024
The project must be completed within the time specified in
				  the contract. If the project cannot be completed within the time specified in
				  the contract, the grantee may make a written request to the commission for an
				  extension of up to one year. The request must set forth the specific additional
				  time requested and the reasons why an extension is needed. Upon receipt of the
				  request, the commission shall convey it to the council's executive committee.
				  The executive committee may make use of a technical review committee to analyze
				  the request. The executive committee shall review the request and make a
				  recommendation to the commission. The commission, after reviewing the
				  recommendation, shall decide whether or not to grant the request. Additional
				  extensions may be sought under the same procedure described above, but may only
				  be granted if the grantee proves that factors beyond the grantee's control are
				  the cause of its inability to complete the project on time and that since
				  receiving the first extension the grantee has been diligent in all respects in
				  trying to complete the project on time.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-04,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-05 - Review and Award Contracts and Contract Terms › Section 43-03-05-05 - Allocations

Current through Supplement No. 393, July, 2024
If the work under a contract extends beyond the state's
				  fiscal biennium in which the contract is made, any further disbursements of the
				  grant by the commission to the grantee cannot be guaranteed and will be made
				  only if sufficient funds are appropriated in the new biennium to satisfy the
				  contract.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-04,
					 54-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-05 - Review and Award Contracts and Contract Terms › Section 43-03-05-06 - Partially funded or delayed projects

Current through Supplement No. 393, July, 2024
If the commission grant is less than the amount requested,
				  the applicant may decline the award or proceed with the project as proposed,
				  notwithstanding the reduced award. Failure of a grantee to proceed with the
				  project in a timely manner or comply with contract terms or these rules
				  entitles the commission to cancel the grant and contract and to receive from
				  the grantee full reimbursement of all funds the commission disbursed under the
				  contract.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-04,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-05 - Review and Award Contracts and Contract Terms › Section 43-03-05-07 - Contract modifications

Current through Supplement No. 393, July, 2024
If at any time after entering a contract the grantee desires
				  to change any term of the contract, the grantee shall make a written request to
				  the commission. The request must set forth the specific change desired and the
				  reasons why the change is needed. Upon receipt of the request, the commission
				  shall convey it to the council's executive committee. If the executive
				  committee decides that the requested change is substantive, it shall refer the
				  request to the council and the council shall review it and make a
				  recommendation to the commission. The executive committee and council may use a
				  technical review committee to analyze the request. If the executive committee
				  decides that the requested change is not substantive, the executive committee
				  shall review the request and make a recommendation to the commission. The
				  commission, after receiving the recommendation of the council or of the
				  executive committee, shall decide whether or not to grant the request.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-04,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-05 - Review and Award Contracts and Contract Terms › Section 43-03-05-08 - Reporting requirements

Current through Supplement No. 393, July, 2024
A grantee has the following reporting obligations:
1.
Interim reports.
A grantee
				shall submit to the commission reports summarizing the project's
				accomplishments and expenditures to date. The timing of the reports will be
				specified in the contract.
2.
Special reports.
If substantial progress on a project occurs
				earlier than anticipated, the grantee shall immediately submit to the
				commission a report explaining the accomplishment.
3.
Final report.
A comprehensive
				final report must be submitted to the commission by all grantees within the
				time specified in the contract. This report must include a single page project
				summary describing the purpose of the project, the work accomplished, the
				project's results, and the potential applications of the project. The rest of
				the report must explain these subjects in detail as well as the total costs of
				the project, a summary fiscal accounting of the entire project, any plans for
				developing or putting to commercial use the results of the project, and whether
				and in what manner the project met or failed to meet the standards referred to
				in subsection 7 of section
				43-03-04-01.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-04,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-06 - Public Information - Patent and New Technologies Policies › Section 43-03-06-01 - Application ownership

Current through Supplement No. 393, July, 2024
Information contained in unsuccessful applications will
				  remain the property of the applicant, but the commission will retain file
				  copies of all applications, findings, and reports. Except with regard to
				  confidential information, applications are public information and are available
				  to the public upon request and payment of copying charges.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-04,
					 54-17.5-06,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-06 - Public Information - Patent and New Technologies Policies › Section 43-03-06-02 - Rights to technical data

Current through Supplement No. 393, July, 2024
Rights to technical data, including software developed under
				  the terms of a grant, shall remain with the grantee.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-04,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-06 - Public Information - Patent and New Technologies Policies › Section 43-03-06-03 - Use for governmental purposes

Current through Supplement No. 393, July, 2024
The grantee may copyright and publish material developed with
				  commission funding. The state of North Dakota and its consultants, independent
				  contractors, and suppliers, to the extent such are providing services to the
				  state, shall have an irrevocable royalty-free right to practice under any
				  patents, patent applications, or other new technology developed under the
				  commission's programs. The intent of this section is to enable state agencies
				  to purchase or use, or both, new technology products or processes for
				  governmental purposes without having to pay the imputed development costs of
				  the products or processes twice; first in the research and development state
				  under commission funding and then later in the purchase of the processes or
				  products. The state may not use this provision to enter into the private
				  marketplace through direct manufacture or production of goods and services. The
				  commission may waive the state's royalty-free right if any other governmental
				  entity, state, federal, or foreign, provides matching funds and imposes
				  conditions that do or may conflict with the right provided for by this section.
				  A waiver may be given only if the following are met:
1. The grantee has requested from the other
				funding source a waiver of its requirements that conflict or may conflict with
				this section;
2. The other funding
				source provides at least twenty percent of the project's funding; and
3. It is unlikely the state would
				ever seek to use the right given the state under this section.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-04,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite › Chapter 43-03-06 - Public Information - Patent and New Technologies Policies › Section 43-03-06-04 - Patent rights - Manufacturing in North Dakota

Current through Supplement No. 393, July, 2024
Applicants may retain the principal worldwide patent rights
				  to any invention made with financial support under this program, except the
				  patent holder agrees directly, or through licensing of patents, to assure that
				  any manufacturing thereof shall substantially occur in North Dakota. Similarly,
				  use of any new technology or other technical information derived in part from
				  funding under this program requires that any manufacturing thereof shall
				  substantially occur in North Dakota. For the purposes of this section, the
				  words "substantial" or "substantially" shall mean not that the primary
				  manufacturing must occur in North Dakota, but rather that more than incidental
				  manufacturing must occur in North Dakota. The grantee or licensee or assignee,
				  as determined by the commission, must reimburse the entire grant amount
				  received through the commission should such licensees or assignees relocate or
				  be established out of the state and not continue substantial manufacturing in
				  North Dakota. The commission may choose not to enforce the "substantial
				  manufacturing" requirement of this section if there is no person or entity in
				  North Dakota capable of fulfilling the requirement and it is unlikely that in
				  the near future a person or entity would be capable of satisfying the
				  requirement.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-04,
					 57-61-01.5
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-04 - Geological Survey Paleontological Resource Protection › Chapter 43-04-01 - Definitions › Section 43-04-01-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Large scale excavation permit" is a permit issued by the
				  state geologist that allows large scale excavation or quarrying of
				  paleontological resources (excavations that disturb a surface area of more than
				  eighteen square feet [1.67 square meters] of material).
2. "Minimum excavation and surface collecting permit" is a
				  permit issued by the state geologist that allows the collection of
				  paleontological resources found at the surface or removal of specimens with
				  hand tools without extensive excavation.
3. "Modified minimum excavation and surface collecting
				  permit" is a permit issued by the state geologist to amateur collectors that
				  allows collection only of paleontological resources that have completely
				  weathered out of the rock or sediment.
4. "Paleontological resource" must be defined as in North
				  Dakota Century Code section
				  54-17.3-01.
a. Vertebrate fossils and the localities in which they are
				  found are assumed to be paleontological resources unless they are determined
				  not to be significant by the state geologist (bison remains would generally not
				  be considered significant except when found in cultural context).
b. Invertebrate, plant and trace fossils and the localities
				  in which they are found are not considered paleontological resources unless
				  they are determined to be significant by the state geologist (sites of
				  unusually fine preservation and type localities, the places from which the
				  first specimens of new fossil species were described would generally be
				  considered paleontological resources).
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 54-17.3-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-04 - Geological Survey Paleontological Resource Protection › Chapter 43-04-02 - Permit Program › Section 43-04-02-01 - Qualifications of applicants

Current through Supplement No. 393, July, 2024
Permits will be issued only to applicants who can demonstrate
				  that they are qualified and have experience in conducting those activities. The
				  general standards for a qualified applicant will be determined by the state
				  geologist.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 54-17.3-03,
					 54-17.3-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-04 - Geological Survey Paleontological Resource Protection › Chapter 43-04-02 - Permit Program › Section 43-04-02-02 - Procedure of application

Current through Supplement No. 393, July, 2024
Anyone wishing to collect paleontological resources on lands
				  owned by the state or any of its political subdivisions must obtain a
				  paleontological collecting permit. Whether or not a permit is required, the
				  state geologist shall be contacted prior to paleontological mapping or
				  collecting of fossils other than those defined as paleontological resources on
				  lands owned by the state or its political subdivisions. Fossils found during
				  those activities that are believed to be paleontological resources shall be
				  reported to the state geologist.
Commercial collecting of paleontological resources from lands
				  owned by the state or its political subdivisions is prohibited.
1. Information required on the permit
				application (available from the state geologist) is determined by the state
				geologist and may include, but is not limited to, the following:
a. Name, mailing address, and telephone
				number of the applicant.
b.
				Information to evaluate the qualifications of the applicant including a resume.
c. Type of permit requested
				(modified minimum excavation and surface collecting permit, minimum excavation
				and surface collecting permit, or large scale excavation permit).
d. Purpose of the proposed activity.
e. Location of the proposed
				activity.
f. Date (start and end
				of the proposed activity).
g.
				Names and affiliations of other individuals that will be involved in the
				proposed activity.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-04 - Geological Survey Paleontological Resource Protection › Chapter 43-04-02 - Permit Program › Section 43-04-02-03 - Requirements for permitholders

Current through Supplement No. 393, July, 2024
Requirements for permitholders are to be determined by the
				  state geologist and must include, but not be limited to, the following:
1. Permits will be effective until December
				thirty-first of the year in which they are issued.
2. Permits will generally be issued for
				paleontological activities in geographically restricted areas. Individuals
				affiliated with North Dakota institutions may obtain a statewide permit. The
				names of students or field assistants under supervision of these statewide
				permitholders must be reported to the state geologist.
3. All paleontological resources collected
				from state-owned lands remain the property of North Dakota.
a. Permitholders not affiliated with a North
				Dakota institution must return to the geological survey a representative sample
				of the paleontological resources collected after an appropriate period of
				study.
b. What constitutes a
				representative sample and an appropriate period of study will be determined
				upon proposal and request by the collector at the end of the field activity and
				approved by the state geologist.
c. The representative sample is to be
				permanently reposited in the state fossil collection or, if preferred by the
				collector, into the paleontological collection of one of North Dakota's
				universities.
d. Remaining
				specimens must be deposited in a suitable repository, presumably the
				institution where the permitholder is affiliated, where they will be available
				for study and public display.
e.
				North Dakota resident permitholders affiliated with state institutions having a
				paleontological collection will be expected to curate specimens into that
				collection but, if they so desire, can deposit the specimens with the North
				Dakota geological survey for curation into the state fossil collection.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-02 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter governs the geologic storage of carbon dioxide.
				  This chapter does not apply to applications filed with the commission proposing
				  to use carbon dioxide for an enhanced oil or gas recovery project, rather such
				  applications will be processed under chapter 43-02-05.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-02.1 - Application of rules for geologic storage of carbondioxide

Current through Supplement No. 393, July, 2024
In addition to the provisions in this chapter, injection
				  wells utilized for geologic storage are subject to the provisions of chapters
				  43-02-03 and 43-02-05 when applicable.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-02.2 - Injection into underground source of drinking water prohibited

Current through Supplement No. 393, July, 2024
Underground injection of carbon dioxide for geologic storage
				  that causes or allows movement of fluid into an underground source of drinking
				  water is prohibited, unless the underground source of drinking water is an
				  exempted aquifer under section
				  43-02-05-03.
No storage operator shall construct, operate, maintain,
				  convert, plug, abandon, or conduct any injection activity in a manner that
				  allows the movement of fluid containing any contaminant into underground
				  sources of drinking water, if the presence of that contaminant may endanger
				  underground sources of drinking water or may adversely affect the health of
				  persons. The applicant must show that the objectives of this section are
				  fulfilled.
Notwithstanding any other provision of this section, the
				  commission may take emergency action upon receipt of information that a
				  contaminant which is present in or likely to enter a public water system or
				  underground source of drinking water may present an imminent and substantial
				  endangerment to the health of persons.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-02.3 - Transitioning from enhanced oil or gas recovery to geologic sequestration

Current through Supplement No. 393, July, 2024
A storage operator injecting carbon dioxide for the primary
				  purpose of geologic sequestration into an oil and gas reservoir shall apply for
				  and obtain storage facility and injection well permits when there is an
				  increased risk to underground sources of drinking water compared to enhanced
				  oil or gas recovery operations. In determining if there is an increased risk to
				  underground sources of drinking water, the commission shall consider the
				  following factors:
1. Increase in
				reservoir pressure within the injection zone;
2. Increase in carbon dioxide injection
				rates;
3. Decrease in reservoir
				production rates;
4. Distance
				between the injection zone and underground sources of drinking water;
5. Suitability of the enhanced oil or gas
				recovery area of review delineation;
6. Quality of abandoned well plugs within the
				area of review;
7. The storage
				operator's plan for recovery of carbon dioxide at the cessation of
				injection;
8. The source and
				properties of injected carbon dioxide; and
9. Any additional site-specific factors as
				determined by the commission.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-02.5 - Prohibition of unauthorized injection

Current through Supplement No. 393, July, 2024
Any underground injection of carbon dioxide for the purpose
				  of geologic storage, except into a well authorized by permit issued under this
				  chapter, is prohibited. The construction of any well required to have a permit
				  is prohibited until the permit authorizing construction of the well has been
				  issued.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-02.6 - Existing well conversion

Current through Supplement No. 393, July, 2024
Storage operators seeking to convert an existing well to an
				  injection well for the purpose of geologic storage of carbon dioxide must
				  demonstrate to the commission that the well is constructed in a manner that
				  will ensure the protection of underground sources of drinking
				  water.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-03 - Books and records to be kept to substantiate reports

Current through Supplement No. 393, July, 2024
All owners, operators, drilling contractors, drillers,
				  service companies, or other persons engaged in drilling, completing, operating,
				  or servicing storage facilities shall make and keep appropriate books and
				  records until project completion, covering their operations in North Dakota
				  from which they may be able to make and substantiate the reports required by
				  this chapter.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-04 - Access to records

Current through Supplement No. 393, July, 2024
The industrial commission and the commission's authorized
				  agents shall have access to all storage facility records wherever located. All
				  owners, operators, drilling contractors, drillers, service companies, or other
				  persons engaged in drilling, completing, operating, or servicing storage
				  facilities shall permit the industrial commission, or its authorized agents, to
				  come upon any lease, property, well, or drilling rig operated or controlled by
				  them, complying with state safety rules and to inspect the records and
				  operation of wells and to conduct sampling and testing. Any information so
				  obtained shall be public information. If requested, copies of storage facility
				  records must be filed with the commission.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-05.1 - Area of review and corrective action

Current through Supplement No. 393, July, 2024
1. The storage operator shall prepare,
				maintain, and comply with a plan to delineate the area of review for a proposed
				geologic sequestration project, periodically reevaluate the delineation, and
				perform corrective action that meets the requirements of this section and is
				acceptable to the commission. The requirement to maintain and implement a
				commission-approved plan is directly enforceable regardless of whether the
				requirement is a condition of the permit. As a part of the storage facility
				permit application, the storage operator shall submit an area of review and
				corrective action plan that includes the following:
a. The method for delineating the area of
				review, including the model to be used, assumptions that will be made, and the
				site characterization data on which the model will be based;
b. A description of:
(1) The reevaluation date, not to exceed five
				years, at which time the storage operator shall reevaluate the area of
				review;
(2) The monitoring and
				operational conditions that would warrant a reevaluation of the area of review
				prior to the next scheduled reevaluation date;
(3) How monitoring and operational data
				(e.g., injection rate and pressure) will be used to inform an area of review
				reevaluation; and
(4) How
				corrective action will be conducted to meet the requirements of this section,
				including what corrective action will be performed prior to injection and what,
				if any, portions of the area of review will have corrective action addressed on
				a phased basis and how the phasing will be determined; how corrective action
				will be adjusted if there are changes in the area of review; and how site
				access will be guaranteed for future corrective action.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-06 - Storage facility permit transfer

Current through Supplement No. 393, July, 2024
1.
Notification.
The storage
				operator and proposed transferee shall notify the commission in writing of any
				proposed permit transfer. The notice must contain the following:
a. The name and address of the person to whom
				the permit is to be transferred.
b.
				The name of the permit subject to transfer and location of the storage facility
				and a description of the land within the facility area.
c. The date that the storage operator desires
				the proposed transfer to occur.
d.
				A demonstration of financial assurance as required by section
				43-05-01-09.1.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-07.1 - Permitting

Current through Supplement No. 393, July, 2024
1. Application for a permit under this
				chapter:
a. Any person who is required to
				have a permit shall complete, sign, and submit a permit application to the
				commission.
b. When the owner and
				storage operator are different, it is the storage operator's duty to obtain a
				permit.
c. The commission shall not
				begin processing a permit until the applicant has fully complied with the
				application requirements for that permit.
d. The application must be complete before
				the permit is issued. An application for a permit is complete when the
				commission receives an application form and any supplemental information which
				are completed to the commission's satisfaction.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-07.2 - Draft permits and fact sheets

Current through Supplement No. 393, July, 2024
1. Draft permits.
a. When a storage facility permit application
				is complete, the commission shall either prepare a draft permit or deny the
				application.
b. Before preparing
				the draft permit, the commission shall consult the state department of
				health.
c. The draft permit must
				contain the permit conditions required under sections
				43-05-01-07.3 and
				43-05-01-07.4.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-07.4 - Establishing permit conditions

Current through Supplement No. 393, July, 2024
1. In addition to conditions required in
				section 43-05-01-07.3, the commission
				shall establish conditions, as required on a case-by-case basis. Storage
				facility permits shall include conditions meeting the requirements of this
				chapter and such additional conditions as are necessary to prevent the
				endangerment of underground sources of drinking water.
2. The commission shall establish conditions
				in any permit as required on a case-by-case basis, to provide for and assure
				compliance with all statutory or regulatory requirements which take effect
				prior to final administrative disposition of the permit.
3. New or reissued permits, and to the extent
				allowed under section
				43-05-01-12 modified or revoked
				and reissued permits, shall incorporate each of the applicable requirements
				referenced in this section.
4. All
				permit conditions shall be incorporated either expressly or by reference. If
				incorporated by reference, a specific citation to the applicable regulations or
				requirements must be given in the permit.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-08 - Storage facility permit hearing

Current through Supplement No. 393, July, 2024
1. The commission shall hold a public hearing
				before issuing a storage facility permit. At least forty-five days prior to the
				hearing, the applicant shall give notice of the hearing to the following:
a. Each operator of mineral extraction
				activities within the facility area and within one-half mile [.80 kilometer] of
				its outside boundary;
b. Each
				mineral lessee of record within the facility area and within one-half mile [.80
				kilometer] of its outside boundary;
c. Each owner of record of the surface within
				the facility area and one-half mile [.80 kilometer] of its outside
				boundary;
d. Each owner of record
				of minerals within the facility area and within one-half mile [.80 kilometer]
				of its outside boundary;
e. Each
				owner and each lessee of record of the pore space within the storage reservoir
				and within one-half mile [.80 kilometer] of the reservoir's boundary;
				and
f. Any other persons as
				required by the commission.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-09 - Well permit application requirements

Current through Supplement No. 393, July, 2024
1. Following receipt of a storage facility
				permit, the storage operator shall obtain a permit to drill, deepen, convert,
				operate, or, upon demonstration of mechanical integrity, reenter a previously
				plugged and abandoned well for storage purposes.
2. Application for permits to drill, deepen,
				convert, operate, or reenter a well must be submitted on form 25 provided by
				the commission and must include at a minimum:
a. An accurate plat certified by a registered
				surveyor showing the location of the proposed injection or subsurface
				observation well. The plat must be drawn to the scale of one inch [25.4
				millimeters] equals one thousand feet [304.8 meters], unless otherwise directed
				by the commission, and must show distances from the proposed well to the
				nearest facility area boundary. The plat must show the latitude and longitude
				of the proposed well location to the nearest tenth of a second. The plat must
				also show the location and status of all other wells that have been drilled
				within one-fourth mile [402.34 meters], or any other distance deemed necessary
				by the commission, of the proposed injection or subsurface observation
				well;
b. The drilling, completion,
				or conversion procedures for the proposed injection or subsurface observation
				well;
c. A well bore schematic
				showing the name, description, and depth of the storage reservoirs and the
				depth of the deepest underground source of drinking water; a description of the
				casing in the injection or subsurface observation well, or the proposed casing
				program, including a full description of cement already in place or as
				proposed; and the proposed method of testing casing before use of the injection
				well;
d. A geophysical log, if
				available, through the storage reservoir to be penetrated by the proposed
				injection well or if an injection or subsurface observation well is to be
				drilled, a complete log through the reservoir from a nearby well is
				permissible. Such log must be annotated to identify the estimated location of
				the base of the deepest underground source of drinking water, showing the
				stratigraphic position and thickness of all confining strata above the
				reservoirs and the stratigraphic position and thickness of the reservoir;
				and
e. The proposed pad layout,
				including cut and fill diagrams.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-09.1 - Financial responsibility

Current through Supplement No. 393, July, 2024
1. The storage operator shall demonstrate and
				maintain financial responsibility as determined by the commission that meets
				the following conditions:
a. The qualifying
				financial responsibility instrument used must be from the following list of
				qualifying instruments:
(1) Trust
				funds;
(2) Surety or cash
				bonds;
(3) Letter of
				credit;
(4) Insurance;
(5) Self-insurance (i.e., financial test and
				corporate guarantee);
(6) Escrow
				account; or
(7) Any other
				instrument the commission finds satisfactory.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-10 - Injection well permit

Current through Supplement No. 393, July, 2024
1. Upon review and approval of the
				application to drill, deepen, convert, reenter, or operate an injection well,
				submitted in accordance with section
				43-05-01-09, the commission shall
				issue permits to drill and operate.
2. A permit shall expire twelve months from
				the date of issue if the permitted well has not been drilled, deepened,
				reentered, operated, or converted.
3. Injection well permits must be issued for
				the operating life of the storage facility and the closure period.
4. The commission shall review each issued
				injection well permit at least once every five years to determine whether it
				should be modified, revoked, or a minor modification made.
5. On a case-by-case basis when required by
				the commission, the storage operator shall submit a schedule of compliance
				leading to full compliance with all provisions of this chapter and North Dakota
				Century Code chapter 38-22.
a. Any schedules
				of compliance shall require compliance as soon as possible, and in no case
				later than three years after the effective date of the permit.
b. If the schedule of compliance is for a
				duration of more than one year from the date of permit issuance, then interim
				requirements and completion dates (not to exceed one year) must be incorporated
				into the compliance schedule and permit.
c. No later than thirty days following each
				interim and final date, the storage operator shall submit progress reports to
				the commission.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-11 - Injection well construction and completion standards

Current through Supplement No. 393, July, 2024
1. The storage operator shall ensure that all
				injection wells are constructed and completed to prevent movement of the carbon
				dioxide stream or fluids into underground sources of drinking water or outside
				the authorized storage reservoir. The injection wells must be constructed and
				completed in a way that allows the use of appropriate testing devices and
				workover tools. The casing and cement or other materials used in the
				construction of each new injection well must be designed for the well's life
				expectancy. In determining and specifying casing and cementing requirements,
				all of the following factors must be considered:
a. Depth to the injection zone;
b. Injection pressure, external pressure,
				internal pressure, and axial loading;
c. Hole size;
d. Size and grade of all casing strings (wall
				thickness, external diameter, nominal weight, length, joint specification, and
				construction material);
e.
				Corrosiveness of the carbon dioxide stream and formation fluids;
f. Down-hole temperatures;
g. Lithology of injection and confining zone;
h. Type or grade of cement and
				cement additives; and
i. Quantity,
				chemical composition, and temperature of the carbon dioxide
				stream.