reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-71 - General requirements

Current through Supplement No. 393, July, 2024
1. Implementation
				of requirements. Owners and operators shall comply with the requirements of
				this chapter for underground storage tank systems with field-constructed tanks
				and airport hydrant systems as follows:
a.
				For underground storage tank systems installed on or before April 1, 2018, the
				requirements are effective according to the following schedule:
Requirement
Effective Date
Upgrading underground storage tank systems, general
								operating requirements, and operator training
April 1, 2021
Release detection
April 1, 2021
Release reporting, response, and investigation;
								closure; financial responsibility and notification (except as provided in
								subsection 2)
April 1, 2018
b.
				For underground storage tank systems installed after April 1, 2018, the
				requirements apply at installation.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-80 - Applicability (financial responsibility)

Current through Supplement No. 393, July, 2024
1. Sections
				33-24-08-80 through
				33-24-08-106
				apply to owners and operators of all petroleum underground storage tank systems
				except as otherwise provided.
2.
				Owners and operators of petroleum underground storage tank systems are subject
				to these requirements in accordance with section
				33-24-08-81.
3. State and federal government entities
				whose debts and liabilities are the debts and liabilities of a state or the
				United States are exempt from the requirements of sections 33-24-08-80 through
				33-24-08-106.
4. The requirements of sections 33-24-08-80
				through
				33-24-08-106
				do not apply to owners or operators of any underground storage tank system
				described in subsections 2 and 3 of section
				33-24-08-01.
5. If the owner and operator of a petroleum
				underground storage tank are separate persons, only one person is required to
				demonstrate financial responsibility; however, both parties are liable in event
				of noncompliance.
General Authority:
NDCC 23-20.3-03,
					 23-20.3-04.1
Law Implemented:
NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-81 - Financial responsibility compliance dates

Current through Supplement No. 393, July, 2024
Owners of petroleum underground storage tanks shall
				  immediately comply with the requirements of sections
				  33-24-08-80
				  through
				  33-24-08-106.
Owners of previously deferred systems shall comply with the
				  requirements of this section according to the schedule in subsection 1 of
				  section
				  33-24-08-71.
General Authority:
NDCC 23-20.3-03,
					 23-20.3-04.1
Law Implemented:
NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-82 - Definitions (financial responsibility)

Current through Supplement No. 393, July, 2024
When used in sections
				  33-24-08-80
				  through
				  33-24-08-106,
				  the following terms have the meanings given below:
1. "Accidental release" means any sudden or
				nonsudden release of petroleum arising from operating an underground storage
				tank that results in a need for corrective action or compensation for bodily
				injury or property damage, or both, neither expected nor intended by the tank
				owner or operator.
2. "Bodily
				injury" has the meaning given to this term by applicable state law; however,
				this term does not include those liabilities which, consistent with standard
				insurance industry practices, are excluded from coverage in liability insurance
				policies for bodily injury.
3.
				"Chief financial officer", in the case of local government owners and
				operators, means the individual with overall authority and responsibility for
				the collection, disbursement, and use of funds by the local
				government.
4. "Controlling
				interest" means direct ownership of at least fifty percent of the voting stock
				of another entity.
5. "Department"
				means the North Dakota state department of health.
6. "Financial reporting year" means the
				latest consecutive twelve-month period for which any of the following reports
				used to support a financial test is prepared:
a. A 10-K report submitted to the securities
				and exchange commission;
b. An
				annual report of tangible net worth submitted to dun and bradstreet;
				or
c. Annual reports submitted to
				the energy information administration or the rural utilities service.
"Financial reporting year" may thus comprise a fiscal-year or
				  a calendar-year period.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-83 - Amount and scope of required financial responsibility

Current through Supplement No. 393, July, 2024
1. Owners or operators of petroleum
				underground storage tanks must demonstrate financial responsibility for taking
				corrective action and for compensating third parties for bodily injury and
				property damage caused by accidental releases arising from the operation of
				petroleum underground storage tanks in at least the following per-occurrence
				amounts:
a. For owners or operators of
				petroleum underground storage tanks that are located at petroleum marketing
				facilities, or that handle an average of more than ten thousand gallons [37854
				liters] of petroleum per month based on annual throughput for the previous
				calendar year, one million dollars; and
b. For all other owners or operators of
				petroleum underground storage tanks, five hundred thousand dollars.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-84 - Allowable mechanisms and combinations of mechanisms

Current through Supplement No. 393, July, 2024
1. Subject to the limitations of subsections
				2 and 3, an owner or operator, including a local government owner or operator
				may use any one or combination of the mechanisms listed in sections
				33-24-08-85 through
				33-24-08-93 to demonstrate
				financial responsibility under sections
				33-24-08-80 through 33-24-08-106
				for one or more underground storage tanks.
2. A local government owner or operator may
				use any one or combination of the mechanisms listed in sections
				33-24-08-94 through
				33-24-08-97 to demonstrate
				financial responsibility under sections
				33-24-08-80 through 33-24-08-106
				for one or more underground storage tanks.
3. An owner or operator may use a guarantee
				under section
				33-24-08-86 or surety bond under
				section 33-24-08-88 to establish financial
				responsibility only if the attorney general has submitted a written statement
				to the department that a guarantee or surety bond executed as described in this
				section is a legally valid and enforceable obligation in the state.
4. An owner or operator may use
				self-insurance in combination with a guarantee only if, for the purpose of
				meeting the requirements of the financial test under this chapter, the
				financial statements of the owner or operator are not consolidated with the
				financial statements of the guarantor.
General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-85 - Financial test of self-insurance

Current through Supplement No. 393, July, 2024
1. An owner or
				operator, or guarantor, or both, may satisfy the requirements of section
				33-24-08-83
				by passing a financial test as specified in this section. To pass the financial
				test of self-insurance, the owner or operator, or guarantor, or both, must meet
				the criteria of subsection 2 or 3 based on yearend financial statements for the
				latest completed fiscal year.
2.
				The following apply:
a. The owner or
				operator, or guarantor, or both, must have a tangible net worth of at least ten
				times:
(1) The total of the applicable
				aggregate amount required by section
				33-24-08-83,
				based on the number of underground storage tanks for which a financial test is
				used to demonstrate financial responsibility to the department;
(2) The sum of the corrective action cost
				estimates, the current closure and postclosure care cost estimates, and amount
				of liability coverage for which a financial test is used to demonstrate
				financial responsibility to the department under sections
				33-24-05-58,
				33-24-05-77,
				and
				33-24-05-79;
				and
(3) The sum of current plugging
				and abandonment cost estimates for which a financial test is used to
				demonstrate financial responsibility to the department under
				33-25-01.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-86 - Guarantee

Current through Supplement No. 393, July, 2024
1. An owner or
				operator may satisfy the requirements of section
				33-24-08-83
				by obtaining a guarantee that conforms to the requirements of this section. The
				guarantor must be:
a. A firm that:
(1) Possesses a controlling interest in the
				owner or operator;
(2) Possesses a
				controlling interest in a firm described under paragraph 1 of subdivision a of
				subsection 1; or
(3) Is controlled
				through stock ownership by a common parent firm that possesses a controlling
				interest in the owner or operator; or
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-92 - Trust fund

Current through Supplement No. 393, July, 2024
1. An owner or
				operator may satisfy the requirements of section
				33-24-08-83 by establishing a
				trust fund that conforms to the requirements of this section. The trustee must
				be an entity that has the authority to act as a trustee and whose trust
				operations are regulated and examined by a federal agency or an agency of the
				state in which the fund is established.
2. The wording of the trust agreement must be
				identical to the wording specified in subdivision a of subsection 2 of section
				33-24-08-93, and must be
				accompanied by a formal certification of acknowledgment as specified in
				subdivision b of subsection 2 of section
				33-24-08-93.
3. The trust fund, when established, must be
				funded for the full required amount of coverage, or funded for part of the
				required amount of coverage and used in combination with other mechanisms that
				provide the remaining required coverage.
4. If the value of the trust fund is greater
				than the required amount of coverage, the owner or operator may submit a
				written request to the department for release of the excess.
5. If other financial assurance as specified
				in sections
				33-24-08-80 through 33-24-08-106
				is substituted for all or part of the trust fund, the owner or operator may
				submit a written request to the department for release of the excess.
6. Within sixty days after
				receiving a request from the owner or operator for release of funds as
				specified in subsection 4 or 5, the department will instruct the trustee to
				release to the owner or operator such funds as the department specifies in
				writing.
General Authority: NDCC 23-20.3-03, 23-20.3-04.1 Law
Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-93 - Standby trust fund

Current through Supplement No. 393, July, 2024
1. An owner or
				operator using any one of the mechanisms authorized by section
				33-24-08-86,
				33-24-08-88, or
				33-24-08-89 must
				establish a standby trust fund when the mechanism is acquired. The trustee of
				the standby trust fund must be an entity that has the authority to act as a
				trustee and whose trust operations are regulated and examined by a federal
				agency or an agency of the state in which the fund is established.
2. The following apply:
a. The standby trust agreement, or trust
				agreement, must be worded as follows, except that instructions in brackets are
				to be replaced with the relevant information and the brackets deleted:
Trust Agreement
Trust agreement, the "Agreement", entered into as of [date]
				  by and between [name of the owner or operator], a [name of state] [insert
				  "corporation", "partnership", "association", or "proprietorship"], the
				  "Grantor", and [name of corporate trustee], [insert "Incorporated in the state
				  of _____________ " or "a national bank"], the "Trustee".
Whereas, the department has established certain rules
				  applicable to the Grantor, requiring that an owner or operator of an
				  underground storage tank shall provide assurance that funds will be available
				  when needed for corrective action and third-party compensation for bodily
				  injury and property damage caused by sudden and nonsudden accidental releases
				  arising from the operation of the underground storage tank. The attached
				  schedule A lists the number of tanks at each facility and the name(s) and
				  address(es) of the facility(ies) where the tanks are located that are covered
				  by the standby [insert "standby" where trust agreement is standby trust
				  agreement] trust agreement.
[Whereas, the Grantor has elected to establish [insert either
				  "a guarantee", "surety bond", or "letter of credit"] to provide all or part of
				  such financial assurance for the underground storage tanks identified herein
				  and is required to establish a standby trust fund able to accept payments from
				  the instrument (This paragraph is only applicable to the standby trust
				  agreement.)];
[Whereas, the Grantor, acting through its duly authorized
				  officers, has selected the Trustee to be the trustee under this agreement, and
				  the Trustee is willing to act as trustee;
Now, therefore, the Grantor and the Trustee agree as
				  follows:
Section 1. Definitions.
As used in this Agreement:
(a) The term "Grantor" means the owner or
				operator who enters into this Agreement and any successors or assigns of the
				Grantor.
(b) The term "Trustee"
				means the Trustee who enters into this Agreement and any successor
				Trustee.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-96 - Local government guarantee

Current through Supplement No. 393, July, 2024
1. A local
				government owner or operator may satisfy the requirements of section
				33-24-08-83
				by obtaining a guarantee that conforms to the requirements of this section. The
				guarantor must be either the estate in which the local government owner or
				operator is located or a local government having a "substantial governmental
				relationship" with the owner and operator and issuing the guarantee as an act
				incident to that relationship. A local government acting as the guarantor must:
a. Demonstrate that it meets the bond rating
				test requirement of section
				33-24-08-94
				and deliver a copy of the chief financial officer's letter as contained in
				subsections 4 and 5 of section
				33-24-08-94
				to the local government owner or operator.
b. Demonstrate that it meets the worksheet
				test requirements of section
				33-24-08-95
				and deliver a copy of the chief financial officer's letter as contained in
				subsection 3 of section
				33-24-08-95.
c. Demonstrate that it meets the local
				government fund requirements of subsection 1, 2, or 3 of section
				33-24-08-97,
				and deliver a copy of the chief financial officer's letter as contained in
				section
				33-24-08-97
				to the local government owner or operator.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-98 - Substitution of financial assurance mechanisms by owner or operator

Current through Supplement No. 393, July, 2024
1. An owner or operator may substitute any
				alternate financial assurance mechanisms as specified in sections
				33-24-08-80 through 33-24-08-106,
				provided that at all times the owner or operator maintains an effective
				financial assurance mechanism or combination of mechanisms that satisfies the
				requirements of section
				33-24-08-83.
2. After obtaining alternate financial
				assurance as specified in sections
				33-24-08-80 through 33-24-08-106,
				an owner or operator may cancel a financial assurance mechanism by providing
				notice to the provider of financial assurance.
General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-99 - Cancellation or nonrenewal by a provider of financial assurance

Current through Supplement No. 393, July, 2024
1. Except as otherwise provided, a provider
				of financial assurance may cancel or fail to renew an assurance mechanism by
				sending a notice of termination by certified mail to the owner or operator.
a. Termination of a guarantee, a surety bond,
				or a letter of credit may not occur until one hundred twenty days after the
				date on which the owner or operator receives the notice of termination, as
				evidenced by the return receipt.
b. Termination of insurance or risk retention
				group coverage, except for nonpayment or misrepresentation by the insured, or
				state-funded assurance may not occur until sixty days after the date on which
				the owner or operator receives the notice of termination, as evidenced by the
				return receipt. Termination for nonpayment of premium or misrepresentation by
				the insured may not occur until a minimum of ten days after the date on which
				the owner or operator receives the notice of termination, as evidenced by the
				return receipt.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-100 - Reporting by owner or operator

Current through Supplement No. 393, July, 2024
1. An owner or
				operator must submit the appropriate forms listed in subsection 2 of section
				33-24-08-101
				documenting current evidence of financial responsibility to the department:
a. Within thirty days after the owner or
				operator identifies a release from an underground storage tank required to be
				reported under section
				33-24-08-43
				or
				33-24-08-51;
b. If the owner or operator fails to obtain
				alternate coverage as required by sections
				33-24-08-80
				through
				33-24-08-106,
				within thirty days after the owner or operator receives notice of:
(1) Commencement of a voluntary or
				involuntary proceeding under Title 11 (Bankruptcy) United States Code, naming a
				provider of financial assurance as a debtor;
(2) Suspension or revocation of the authority
				of a provider of financial assurance to issue a financial assurance
				mechanism;
(3) Failure of a
				guarantor to meet the requirements of the financial test; or
(4) Other incapacity of a provider of
				financial assurance; or
c. As required by subsection 7 of section
				33-24-08-85
				and subsection 2 of section
				33-24-08-99.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-102 - Drawing on financial assurance mechanisms

Current through Supplement No. 393, July, 2024
1. Except as specified in subsection 4, the
				department shall require the guarantor, surety, or institution issuing a letter
				of credit to place the amount of funds stipulated by the department, up to the
				limit of funds provided by the financial assurance mechanism, into the standby
				trust if:
a. The following conditions exist:
(1) The owner or operator fails to establish
				alternate financial assurance within sixty days after receiving notice of
				cancellation of the guarantee, surety bond, letter of credit, or, as
				applicable, other financial assurance mechanisms; and
(2) The department determines or suspects
				that a release from an underground storage tank covered by the mechanism has
				occurred and so notifies the owner or operator or the owner or operator has
				notified the department pursuant to sections
				33-24-08-40 through
				33-24-08-43 or
				33-24-08-50 through
				33-24-08-57 of a release from an
				underground storage tank covered by the mechanism; or
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-103 - Release from requirements

Current through Supplement No. 393, July, 2024
An owner or operator is no longer required to maintain
				  financial responsibility under sections
				  33-24-08-80
				  through
				  33-24-08-106
				  for an underground storage tank after the tank has been permanently closed or
				  undergoes a change-in-service or, if corrective action is required, after
				  corrective action has been completed and the tank has been permanently closed
				  or undergoes a change-in-service as required by sections
				  33-24-08-60
				  through
				  33-24-08-64.
General Authority:
NDCC 23-20.3-03,
					 23-20.3-04.1
Law Implemented:
NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-105 - Replenishment of guarantees, letters of credit, or surety bonds

Current through Supplement No. 393, July, 2024
1. If at any time after a standby trust is
				funded upon the instruction of the department with funds drawn from a
				guarantee, local government, letter of credit, or surety bond, and the amount
				in the standby trust is reduced below the full amount of coverage required, the
				owner or operator shall by the anniversary date of the financial mechanism from
				which the funds were drawn:
a. Replenish the
				value of financial assurance to equal the full amount of coverage required; or
b. Acquire another financial
				assurance mechanism for the amount which funds in the standby trust have been
				reduced.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-120 - Participation in management (lender liability)

Current through Supplement No. 393, July, 2024
The term "participating in the management of an underground
				  storage tank or underground storage tank system" means that, subsequent to
				  December 6, 1995, the holder was engaging in decisionmaking control of, or
				  activities related to, operation of the underground storage tank or underground
				  storage tank system, as de.ned herein.
1. Actions that are participation in
				management.
a. Participation in the
				management of an underground storage tank or underground storage tank system
				means, for purposes of sections
				33-24-08-115 through
				33-24-08-130, actual participation
				by the holder in the management or control of decisionmaking related to the
				operation of an underground storage tank or underground storage tank system.
				Participation in management does not include the mere capacity or ability to
				influence or the unexercised right to control underground storage tank or
				underground storage tank system operations. A holder is participating in the
				management of the underground storage tank or underground storage tank system
				only if the holder either:
(1) Exercises
				decisionmaking control over the operational (as opposed to financial or
				administrative) aspects of the underground storage tank or underground storage
				tank system, such that the holder has undertaken responsibility for all or
				substantially all of the management of the underground storage tank or
				underground storage tank system; or
(2) Exercises control at a level comparable
				to that of a manager of the borrower's enterprise, such that the holder has
				assumed or manifested responsibility for the overall management of the
				enterprise encompassing the day-to-day decisionmaking of the enterprise with
				respect to all, or substantially all, of the operational (as opposed to
				financial or administrative) aspects of the enterprise.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-125 - Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located (lender liability)

Current through Supplement No. 393, July, 2024
A holder is not an "owner" of a petroleum underground
				  storage tank or underground storage tank system or facility or property on
				  which a petroleum underground storage tank or underground storage tank system
				  is located for purposes of compliance with the underground storage tank
				  technical standards as de.ned in subsection 1, the underground storage tank
				  corrective action requirements under sections
				  33-24-08-41 through
				  33-24-08-57, and the underground
				  storage tank .nancial responsibility requirements under sections
				  33-24-08-80 through
				  33-24-08-101, provided the
				  person:
1. Does not participate in the
				management of the underground storage tank or underground storage tank system
				as defined in section
				33-24-08-120; and
2. Does not engage in petroleum production,
				refining, and marketing as defined in subsection 2 of section
				33-24-08-115.
General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Appendix l

Current through Supplement No. 393, July, 2024
NOTE: The NOTIFICATION FOR UNDERGROUND STORAGE TANKS SFN
				  10980 form can be found at
https://www.ndhealth.gov/EHS/Forms/WM/NotificationForUndergroundStorageTanks.pdf
or can be requested by contacting the NORTH DAKOTA DEPARTMENT OF HEALTH,
				  DIVISION OF WASTE MANAGEMENT - UST PROGRAM at 918 E Divide Ave, Bismarck ND
				  58501-1947, calling 701-328-5166, or emailing ndust@nd.gov
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Appendix II

Current through Supplement No. 393, July, 2024
NOTE: A federal law (the Resource Conservation and Recovery
				  Act (RCRA), as amended ( Pub.L. 98-616 )) requires owners of certain
				  underground storage tanks to notify designated state or local agencies by May
				  8, 1986, of the existence of their tanks. Notifications for tanks brought into
				  use after May 8, 1986, must be made within thirty days. Consult the
				  environmental protection agency's regulations, issued on November 8, 1985, (40
				  CFR part 280) to determine if you are affected by this law.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-02 - Classification of injection wells

Current through Supplement No. 393, July, 2024
Injection wells are classified as follows:
1.
Class I.
Wells used to inject
				hazardous waste, radioactive waste, and other industrial and municipal disposal
				wells which inject fluids beneath the lowermost formation containing, within
				one quarter mile [402.34 meters] of the well bore, an underground source of
				drinking water.
2.
Class
				II.
Wells which inject fluids:
a. Which
				are brought to the surface in connection with natural gas storage operations,
				or conventional oil or natural gas production and may be commingled with
				wastewaters from gas plants which are an integral part of production
				operations, unless those waters are classified as a hazardous waste at the time
				of injection;
b. For enhanced
				recovery of oil or natural gas; and
c. For storage of hydrocarbons which are
				liquid at standard temperature and pressure.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-03 - Prohibition of unauthorized injection

Current through Supplement No. 393, July, 2024
Any underground injection (except class II, class III, and
				  class VI) is prohibited except as authorized by permit or rule issued under
				  this section. Also the construction of any well required to have a permit under
				  this section is prohibited until the permit has been issued. These include the
				  well types specifically identified in title 40 CFR part 144, section 144.1(g)
				  and title 40 CFR part 144, section 144.81.
The following well types are not covered by these
				  rules:
1. Individual or single-family
				residential waste disposal systems such as domestic cesspools or septic
				systems.
2. Nonresidential
				cesspools, septic systems, or similar waste disposal systems if such systems
				are used solely for the disposal of sanitary waste and have the capacity to
				serve fewer than twenty persons a day.
3. Injection wells used for injection of
				hydrocarbons which are of pipeline quality and are gases at standard
				temperature and pressure for the purpose of storage.
4. Any dug hole, drilled hole, bored shaft,
				improved sinkhole, or subsurface fluid distribution system which is not used
				for emplacement of fluids underground.
General Authority:
NDCC 61-28-04
Law Implemented:
NDCC 61-28-04,
					 61-28-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-04 - Prohibition of movement of fluid into underground sources of drinking water

Current through Supplement No. 393, July, 2024
1. No owner or
				operator shall construct, operate, maintain, convert, plug, abandon, or conduct
				any underground injection activity in a manner which causes, or allows,
				movement of fluid containing any contaminant into an underground source of
				drinking water if the presence of that contaminant may cause a violation of any
				maximum contaminant level under chapter 33-17-01 or which may adversely affect
				the health of persons. The applicant for a permit shall have the burden of
				showing that the requirements of this section are met.
2. The director shall prescribe additional
				requirements in accordance with title 40 CFR part 144, section 144.12(b)
				through (e) for all injection wells which may cause a violation of a maximum
				contaminant level under 33-17-01 or which may adversely affect the health of
				persons.
General Authority:
NDCC 61-28-04,
					 61-28.1-03
Law Implemented:
NDCC 61-28-04,
					 61-28.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-05 - Identification of underground sources of drinking water and exempted aquifers

Current through Supplement No. 393, July, 2024
1. The director may identify and shall
				protect as an underground source of drinking water all aquifers or parts of
				aquifers which:
a. Supply any public water
				system; or
b. Contain a sufficient
				quantity of ground water to supply a public water system and:
(1) Currently supply drinking water for human
				consumption; or
(2) Contain fewer
				than ten thousand milligrams per liter total dissolved solids; and
(3) Are not exempted aquifers.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-06 - Permitting

Current through Supplement No. 393, July, 2024
1.
Application for a permit.
a. Any person who is required to have a
				permit shall complete, sign, and submit an application to the director.
b. When the owner and operator are
				different, it is the operator's duty to obtain a permit.
c. The application must be complete before
				the permit is issued.
d. All
				applicants of class I wells shall provide information specified under title 40
				C.F.R. parts 144 and 146, sections 144.31(e) and 146.14(a) and (c) (for class I
				nonhazardous waste injection wells) or title 40 C.F.R. part 146, sections
				146.70(a), 146.71(a), and 146.72(a) (for class I hazardous waste injection
				wells).
e. Applicants shall keep
				records of all data used to complete permit applications and supplemental
				information for at least three years from the date the application is signed.
f. Operators of new injection
				wells, unless covered by an existing area permit, shall submit an application
				within a reasonable time before construction is expected to begin.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-07 - Area permits

Current through Supplement No. 393, July, 2024
1. The director may
				issue a permit on an area basis, rather than for each well individually;
				provided, that the permit is for injection wells:
a. Described and identified by location in
				permit applications, if they are existing wells;
b. Within the same well field, facility site,
				reservoir, project, or similar unit in the same state;
c. Of similar construction;
d. Of the same class;
e. Operated by a single owner or operator;
				and
f. Used to inject other than
				hazardous waste.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-08 - Draft permits and fact sheets

Current through Supplement No. 393, July, 2024
1.
Draft permits.
a. When the
				application is complete, the director shall tentatively decide to either
				prepare a draft permit or deny the application.
b. If the director decides to prepare the
				draft permit, it shall contain the following information:
(1) All required permit conditions;
(2) All compliance schedule
				requirements;
(3) All monitoring
				requirements; and
(4) All specific
				requirements for construction, corrective action, operation, hazardous waste
				management, reporting, plugging and abandonment, financial responsibility,
				mechanical integrity, and any other conditions the director may impose.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-09 - Public notice and comment - Requests for hearings -Public hearings - Response to comments

Current through Supplement No. 393, July, 2024
1.
Public
				notice.
a. The director shall give
				public notice that the following actions have occurred:
(1) A draft permit has been prepared.
(2) A hearing has been scheduled.
(3) Intent to deny a permit
				application.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-10 - Conditions applicable to all permits

Current through Supplement No. 393, July, 2024
1.
				The general conditions contained under title 40 C.F.R. part 144, section 144.51
				apply to class I and class V underground injection control permits. All
				conditions shall be incorporated into the permits, either expressly or by
				reference.
2. A permittee may not
				commence injection into a new injection well until:
a. Construction is complete;
b. The permittee has submitted notice to the
				director that construction is complete; and
c. The director has inspected or reviewed the
				new injection well and finds it in compliance with the permit, or the permittee
				has not received notice from the director of intent to inspect within thirteen
				days of the permittee's completion notice.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-11 - Technical requirements

Current through Supplement No. 393, July, 2024
1.
				Construction requirements.
a.
(1) Existing wells shall achieve compliance
				with construction requirements prior to permitting or according to a compliance
				schedule established as a permit condition.
(2) New injection wells shall submit plans
				for testing, drilling, and construction as part of the permit application.
(3) New injection wells shall be
				in compliance with construction requirements prior to commencing injection
				operations.
(4) Changes in
				construction plans require approval of the director.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-12 - Plugging and abandonment

Current through Supplement No. 393, July, 2024
1. Any class
				I permit shall include, and any class V permit may include, a plan for plugging
				and abandonment which shall be incorporated into the permit as a condition to
				ensure that movement of fluids either into an underground source of drinking
				water or between underground sources of drinking water is not allowed.
2. Temporary intermittent
				cessation of injection operations is not abandonment.
3. The permittee shall notify the director at
				such times as the permit requires before conversion or abandonment of the well
				or in the case of area permits before closure of the project. Owners and
				operators of class V wells authorized by section
				33-25-01-16 must notify the
				director at least thirty days prior to closure.
4. Prior to granting approval for plugging
				and abandonment of a class I well, the director shall consider the plan
				submitted by the operator which contains the information listed under title 40
				C.F.R. part 146, section 146.14(c) (for nonhazardous waste injection wells) or
				title 40 C.F.R. part 146, sections 146.71(a)(4) and 146.72(a) (for hazardous
				waste injection wells).
General Authority: NDCC 23-20.3-03, 61-28-04, 61-28.1-03
Law Implemented: NDCC 23-20.3-03, 61-28-04,
					 61-28.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-13 - Mechanical integrity

Current through Supplement No. 393, July, 2024
1. A permit for any
				class I well shall include, and for any class V well may include, a condition
				prohibiting injection operations until the permittee shows to the satisfaction
				of the director that the well has mechanical integrity.
2. An injection well has mechanical integrity
				if:
a. There is no significant leak in the
				casing, tubing, or packer; and
b.
				There is no significant fluid movement into an underground source of drinking
				water through vertical channels adjacent to the injection well bore.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-14 - Area of review

Current through Supplement No. 393, July, 2024
The area of review for each injection well or each field,
				  project, or area of the state shall be determined according to title 40 C.F.R.
				  part 146, section 146.6 (for nonhazardous waste injection wells) or title 40
				  C.F.R. part 146, section 146.63 (for hazardous waste injection wells).
General Authority: NDCC 23-20.3-03, 61-28-04
Law Implemented: NDCC 23-20.3-03,
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-15 - Schedules of compliance

Current through Supplement No. 393, July, 2024
1. The
				compliance schedule of a class I nonhazardous waste injection well or aclass V
				injection well must require compliance as soon as possible, and not later than
				three years after the effective date of the permit.
2. If the schedule of compliance is for more
				than one year, then interim requirements and completion dates (not to exceed
				one year) must be incorporated into the compliance schedule and permit.
3. No later than thirty days
				following each interim and final date, the permittee shall submit progress
				reports to the director.
4. No
				owner or operator of a class I hazardous waste injection well may begin
				injection until all corrective action as required under title 40 C.F.R. part
				146, section 146.64 has been taken.
General Authority: NDCC 23-20.3-03, 61-28-04, 61-28.1-03
Law Implemented: NDCC 23-20.3-03, 61-28-04,
					 61-28.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-16 - Authorization of class V underground injection wells

Current through Supplement No. 393, July, 2024
1. Authorization of
				injection into a class V well is authorized indefinitely, subject to the
				requirements of subsections 4, 5, and 6 of section 33-25-01-10 and subsection 3
				of section 33-25-01-12, and title 40 CFR part 144, sections 144.84(b)(1)
				through (4).
2. The owner or
				operator of any existing class V well shall, within one year of the effective
				date of an underground injection control program, notify the director of the
				existence of any well meeting the definitions of class V under the owner's or
				operator's control, and submit the following inventory information:
a. Name of owner or operator of the well and
				legal contact;
b. Number of wells
				and location by township, range, and section;
c. Nature and volume of injected
				fluids;
d. Construction features of
				the well, including well depth, screened interval, and casing size and type;
				and
e. Any other information which
				the director requests.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-17 - Requirements for hazardous waste injection wells

Current through Supplement No. 393, July, 2024
The owner or operator of all wells injecting hazardous waste
				  shall comply with the requirements for hazardous waste management facilities as
				  specified under title 40 C.F.R. parts 144, 146, including subpart G, part 148
				  and including specifically section 144.14.
General Authority: NDCC 23-20.3-04, 23-20.3-05, 61-28-04
Law Implemented: NDCC 23-20.3-04, 23-20.3-05,
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-25 - Underground Injection Control › Chapter 33-25-01 - Underground Injection Control Program › Section 33-25-01-18 - Class IV wells

Current through Supplement No. 393, July, 2024
All class IV wells are prohibited except wells used to
				  inject contaminated ground water that has been treated and is being injected
				  into the same formation from which it was drawn if such injection is approved
				  by the director in accordance with title 40 C.F.R. part 144, section 144.23(c).
General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04,
					 61-28-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-27 - Lake Restoration Program › Chapter 33-27-01 - North Dakota Lake Restoration Program › Section 33-27-01-01 - Authority

Current through Supplement No. 393, July, 2024
The North Dakota state department of health has been
				  authorized to administer this article under the provisions of North Dakota
				  Century Code section 61-30-02.
General Authority: NDCC 61-30-02
Law Implemented: NDCC
					 61-30-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-27 - Lake Restoration Program › Chapter 33-27-01 - North Dakota Lake Restoration Program › Section 33-27-01-02 - Definitions

Current through Supplement No. 393, July, 2024
1. "Department" means the North Dakota state department of
				  health.
2. "Eligible project cost" means costs under construction
				  contracts, supervision of construction work, administration, materials and
				  equipment acquired, consumed, or expended specifically for the project, and
				  preparation of construction drawings, specifications, estimates, and
				  construction contract documents.
3. "Lake protection and rehabilitation projects" means
				  projects which are designed to reduce eutrophication of lakes through watershed
				  or in-lake treatments, or both.
4. "Unit of government" means political subdivisions of the
				  state or state agencies with responsibilities for public lake development and
				  control.
General Authority: NDCC 61-30-02
Law Implemented: NDCC
					 61-30-02