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 - Notification of fires, leaks, spills, or blowouts

Current through Supplement No. 393, July, 2024
All persons controlling or operating any well, pipeline and
				  associated aboveground equipment, receiving tank, storage tank, facility,
				  treating plant, or any other receptacle or production facility associated with
				  oil, gas, or water production, injection, processing, or well servicing shall
				  verbally notify the director immediately and follow up utilizing the online
				  initial notification report within twenty-four hours after discovery of any
				  fire, leak, spill, blowout, or release of fluid. The initial report must
				  include the name of the reporting party, including telephone number and
				  address, date and time of the incident, location of the incident, type and
				  cause of the incident, estimated volume of release, containment status,
				  waterways involved, immediate potential threat, and action taken. If any such
				  incident occurs or travels offsite of a facility, the persons, as named above,
				  responsible for proper notification shall within a reasonable time also notify
				  the surface owners upon whose land the incident occurred or traveled.
				  Notification requirements prescribed by this section do not apply to any leak
				  or spill involving only freshwater or to any leak, spill, or release of crude
				  oil, produced water, or natural gas liquid that is less than one barrel total
				  volume and remains onsite of a site where any well thereon was spud before
				  September 2, 2000, or on a facility that was constructed before September 2,
				  2000, and do not apply to any leak or spill or release of crude oil, produced
				  water, or natural gas liquid that is less than ten barrels total volume
				  cumulative over a fifteen-day time period, and remains onsite of a site where
				  all wells thereon were spud after September 1, 2000, or on a facility that was
				  constructed after September 1, 2000. The initial notification must be followed
				  by a written report within ten days after cleanup of the incident, unless
				  deemed unnecessary by the director. Such report must include the following
				  information: the operator and description of the facility, the legal
				  description of the location of the incident, date of occurrence, date of
				  cleanup, amount and type of each fluid involved, amount of each fluid
				  recovered, steps taken to remedy the situation, root cause of the incident
				  unless deemed unnecessary by the director, and action taken to prevent
				  reoccurrence, and if applicable, any additional information pursuant to
				  subdivision e of subsection 1 of North Dakota Century Code section
				  37-17.1-07.1. The name, title, and telephone number of the company
				  representative must be included on such report. The persons, as named above,
				  responsible for proper notification shall within a reasonable time also provide
				  a copy of the written report to the surface owners upon whose land the incident
				  occurred or traveled.
The commission, however, may impose more stringent spill
				  reporting requirements if warranted by proximity to sensitive areas, past spill
				  performance, or careless operating practices as determined by the
				  director.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-08-04