reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-33 - Report of examiner

Current through Supplement No. 393, July, 2024
Upon the conclusion of any hearing before an examiner, the
				  examiner promptly shall consider the proceedings in such hearing, and based
				  upon the record of such hearing, the examiner shall prepare a report and
				  recommendations for the disposition of the matter or proceeding by the
				  commission. Such report and recommendations either must be accompanied by a
				  proposed order or must be in the form of a proposed order and must be submitted
				  to the commission.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-34 - Commission order from examiner hearing

Current through Supplement No. 393, July, 2024
After receipt of the report and recommendations of the
				  examiner, the commission shall enter its order disposing of the matter or
				  proceeding.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-35 - Prehearing motion practice

Current through Supplement No. 393, July, 2024
In a matter pending before the commission, all prehearing
				  motions must be served by the moving party upon all parties affected by the
				  motion. Service must be upon a party unless a party is represented by an
				  attorney, in which case service must be upon the attorney. Service must be made
				  by delivering a copy of the motion and all supporting papers in conformance
				  with one of the means of service provided for in Rule 5(b) of the North Dakota
				  Rules of Civil Procedure. Proof of service must be made as provided in Rule 4
				  of the North Dakota Rules of Civil Procedure or by the certificate of an
				  attorney showing that service has been made. Proof of service must accompany
				  the filing of a motion. Any motion filed without proof of service is not
				  properly before the commission.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in  chapters 43-02-02.1, 43-02-03, and 43-02-05, and North Dakota Century
				  Code chapters 38-08, 38-12, 38-25, and 47-31 except:
1. "Facility area" means the areal extent of
				the storage reservoir or salt cavern.
2. "Storage reservoir" means the total pore
				space occupied by the injected produced oil or gas during all phases of the
				project plus any reasonable or necessary horizontal buffer zones.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-02 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter pertains to the geological storage of hydrogen
				  and produced oil or gas with little to no processing involved. If the rules
				  differ from federal requirements on federally regulated storage facilities, the
				  federal rules take precedence. The storage facility operator shall provide
				  sufficient documentation to the director confirming the storage facility is
				  federally operated. Applications filed with the commission proposing to inject
				  gas for the purposes of enhanced oil or gas recovery will be processed under
				   chapter 43-02-05. This chapter does not apply to class III injection wells used
				  to create a salt cavern. Applications for class III wells are under the
				  jurisdiction of the state geologist pursuant to  43-02-02.1. The
				  commission may grant exceptions to this chapter, after due notice and hearing,
				  when such exceptions will result in the prevention of waste and operate in a
				  manner to protect correlative rights.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-02.1 - Application of rules for geological storage

Current through Supplement No. 393, July, 2024
All geological storage facilities, injection wells, and
				  monitoring wells are also subject to the provisions of  chapters 43-02-03, 43-02-05, and 43-05-01 where applicable.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-02.2 - Injection into underground source of drinking water prohibited

Current through Supplement No. 393, July, 2024
Underground injection of oil or gas that causes or allows
				  movement of fluid into an underground source of drinking water is
				  prohibited.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-02.3 - Transitioning from enhanced oil or gas recovery to geological storage

Current through Supplement No. 393, July, 2024
A storage facility operator injecting oil or gas for the
				  primary purpose of geological storage into an oil and gas reservoir shall apply
				  for a geological storage facility and injection well permit. 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. Oil or gas
				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
				facility operator's plan for recovery of oil or gas at the cessation of
				injection.
8. The source and
				properties of the injected oil or gas.
9. Any additional site specific factors as
				determined by the commission.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-02.4 - Prohibition of unauthorized injection

Current through Supplement No. 393, July, 2024
Any underground injection of oil or gas for the purpose of
				  geological storage, except into a well authorized by permit issued under this
				  chapter, is prohibited. The construction of any well or site or access road is
				  prohibited until the permit authorizing construction of the well or site or
				  access road has been issued.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-02.5 - Existing well conversion

Current through Supplement No. 393, July, 2024
Storage facility operators seeking to convert an existing
				  well to an injection well for the purpose of geological storage of oil or gas
				  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 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-03 - 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 dissolution of the storage facility, 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 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-04 - Access to records

Current through Supplement No. 393, July, 2024
The 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 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 is public
				  information. If requested, copies of storage facility records must be filed
				  with the commission.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-05.1 - Area of review and corrective action

Current through Supplement No. 393, July, 2024
1. The storage
				facility operator shall prepare, maintain, and comply with a plan to delineate
				the area of review for a proposed storage facility, periodically re-evaluate
				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 facility operator shall submit an area
				of review and corrective action plan that includes the following:
a. The method for delineating the area of
				review, results of the reservoir or geomechanical modeling and simulation,
				inputs that will be made, and the site characterization data on which the model
				will be based.
b. A description of:
(1) The re-evaluation date, not to exceed
				five years, at which time the storage facility operator shall re-evaluate the
				area of review.
(2) The monitoring
				and operational conditions that would warrant a re-evaluation of the area of
				review before the next scheduled re-evaluation date.
(3) How monitoring and operational data will
				be used to inform an area of review re-evaluation.
(4) How corrective action will be conducted
				to meet requirements of this section, and how corrective action will be
				adjusted if there are changes in the area of review.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-06 - Permit requirements - Storage in oil and gas reservoir

Current through Supplement No. 393, July, 2024
An application for a geological storage facility permit must
				  include at least the following:
1. The
				name and address of the operator of the storage facility.
2. Address surface, pore space, and mineral
				ownership by filing the following:
a. An
				affidavit of mailing, including the name and address of each owner, certifying
				that all surface owners of record within the storage reservoir and one-half
				mile [.80 kilometer] adjacent have been notified of the proposed geological
				storage project.
b. An affidavit of
				mailing, including the name and address of each owner, certifying that all
				mineral lessees, mineral owners of record, pore space owners and pore space
				lessees of record within the storage reservoir and one-half mile [.80
				kilometer] adjacent have been notified of the proposed geological storage
				project.
c. Legal descriptions of
				surface ownership of record within the storage reservoir and one-half mile [.80
				kilometer] adjacent.
d. Legal
				descriptions of mineral lessees and mineral owners of record within the storage
				reservoir and one-half mile [.80 kilometer] adjacent.
e. Legal descriptions of pore space owners
				and pore space lessees of record within the storage reservoir and one-half mile
				[.80 kilometer] adjacent.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-07 - Permit requirements - Storage in saline reservoir

Current through Supplement No. 393, July, 2024
An application for a geological storage facility permit must
				  include at least the following:
1. The
				name and address of the operator of the storage facility.
2. Address surface and pore space ownership
				by filing the following:
a. An affidavit of
				mailing, including the name and address of each owner, certifying that all
				surface owners of record within the storage reservoir and one-half mile [.80
				kilometer] adjacent have been notified of the proposed geological storage
				project.
b. An affidavit of
				mailing, including the name and address of each owner, certifying that all pore
				space owners and pore space lessees of record within the storage reservoir and
				one-half mile [.80 kilometer] adjacent have been notified of the proposed
				geological storage project.
c.
				Legal descriptions of surface ownership of record within the storage reservoir
				and one-half mile [.80 kilometer] adjacent.
d. Legal descriptions of pore space owners
				and pore space lessees of record within the storage reservoir and one-half mile
				[.80 kilometer] adjacent.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-08 - Permit requirements - Storage in salt cavern

Current through Supplement No. 393, July, 2024
An application for a geological storage facility permit must
				  include at least the following:
1. The
				name and address of the operator of the storage facility.
2. Address surface, pore space, and salt
				mineral ownership by filing the following:
a.
				An affidavit of mailing, including the name and address of each owner,
				certifying that all surface owners of record within the salt cavern and
				one-half mile [.80 kilometer] adjacent have been notified of the proposed
				geological storage project.
b. An
				affidavit of mailing, including the name and address of each owner, certifying
				that all salt mineral lessees, salt mineral owners of record, pore space owners
				and pore space lessees of record within the salt cavern and one-half mile [.80
				kilometer] adjacent have been notified of the proposed geological storage
				project.
c. Legal descriptions of
				surface ownership of record within the salt cavern and one-half mile [.80
				kilometer] adjacent.
d. Legal
				descriptions of salt mineral lessees and salt mineral owners of record within
				the salt cavern and one-half mile [.80 kilometer] adjacent.
e. Legal descriptions of pore space owners
				and pore space lessees of record within the salt cavern and one-half mile [.80
				kilometer] adjacent.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-09 - Siting

Current through Supplement No. 393, July, 2024
All injection wells must be sited in such a fashion that they
				  inject into a formation which has confining zones that are free of known open
				  faults or fractures within the facility area and its delineated area of
				  review.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-10 - Construction requirements

Current through Supplement No. 393, July, 2024
1. All injection
				wells must be cased and cemented to prevent movement of fluids into or between
				underground sources of drinking water or into an unauthorized zone. The casing
				and cement used in construction of each new injection well must be designed for
				the life expectancy of the well. All wells used for injection into a storage
				reservoir or salt cavern must have surface casing set and cemented at a point
				not less than fifty feet [15.24 meters] below the base of the Fox Hills
				formation. In determining and specifying casing and cementing requirements, all
				the following factors must be considered:
a.
				Depth to the injection zone and lower confining zone, or salt cavern specifics.
				Long string casing must be set at least to the top of the injection zone and
				cemented as approved by the director.
b. Depth to the bottom of all underground
				sources of drinking water.
c.
				Estimated minimum, maximum, and average injection pressures.
d. Fluid pressure.
e. Estimated fracture pressures.
f. Physical and chemical characteristics of
				the injection zone.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-11 - Mechanical integrity

Current through Supplement No. 393, July, 2024
1. 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 channels adjacent to the
				well bore.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-12 - Plugging of injection wells

Current through Supplement No. 393, July, 2024
The proper plugging of an injection well requires the well be
				  plugged with cement or other types of plugs, or both, in a manner which will
				  not allow movement of fluids into an underground source of drinking water. The
				  operator shall file a notice of intention to plug on a form provided by the
				  director and shall obtain the director's approval of the plugging method before
				  the commencement of plugging operations.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-13 - Pressure restrictions

Current through Supplement No. 393, July, 2024
1. The following
				applies to geological storage in an oil and gas reservoir or saline reservoir:
a. Injection pressure at the wellhead may not
				exceed a maximum authorized injection pressure which must be calculated to
				assure that the pressure in the storage reservoir during injection does not
				initiate new fracture or propagate existing fractures in the confining
				zones.
b. In no case may injection
				pressure initiate fractures in the confining zones or cause the movement of
				injection or formation fluids into an unauthorized zone or underground source
				of drinking water.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-13.1 - Salt cavern integrity

Current through Supplement No. 393, July, 2024
The operator shall execute the emergency and remedial
				  response plan pursuant to section 43-02-14-15 in the event of loss of integrity
				  in the storage cavern for any reason.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-14 - Bonding requirements

Current through Supplement No. 393, July, 2024
All storage facilities, injection wells, and monitoring wells
				  must be bonded as provided in section 43-02-03-15.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-15 - Emergency and remedial response plan

Current through Supplement No. 393, July, 2024
The storage facility operator shall maintain a commission
				  approved emergency and remedial response plan. This plan must include emergency
				  response and security procedures. The plan, including revision of the list of
				  contractors and equipment vendors, must be updated as necessary or as the
				  commission requires. Copies of the plans must be available at the storage
				  facility and at the storage facility operator's nearest operational
				  office.
1. The emergency and remedial
				response plan requires a description of the actions the storage facility
				operator shall take to address movement of the injection or formation fluids
				that may endanger an underground source of drinking water during any phase of
				the project. The requirement to maintain and implement a commission-approved
				plan is directly enforceable regardless of whether the requirement is a
				condition of the permit. The plan must also detail:
a. The safety procedures concerning the
				facility and residential, commercial, and public land use within the facility
				area and its delineated area of review.
b. Contingency plans for addressing oil or
				gas leaks from any well, flow lines, or other facility, and loss of containment
				from the storage reservoir or salt cavern and identify specific contractors and
				equipment vendors capable of providing necessary services and equipment to
				respond to such leaks or loss of containment.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-17 - Leak detection and reporting

Current through Supplement No. 393, July, 2024
1. Leak detection
				must be integrated, where applicable and must be inspected and tested on a
				semiannual basis and, if defective, must be repaired or replaced within ten
				days. Any repaired or replaced detection equipment must be retested if required
				by the commission. An extension of time for repair or replacement of leak
				detection equipment may be granted upon a showing of good cause by the storage
				facility operator. A record of each inspection must include the inspection
				results and be maintained by the operator at least until project completion,
				and must be made available to the commission upon request.
2. Pursuant to section 43-02-03-30 the
				storage facility operator shall immediately report to the commission any leak
				detected at any well or surface facility.
3. The storage facility operator immediately
				shall report to the commission any pressure changes or other monitoring data
				from subsurface observation wells or injection wells that indicate the presence
				of leaks in the storage reservoir or salt cavern.
4. The storage facility operator immediately
				shall report to the commission any other indication that the storage facility
				is not containing oil, gas, or brine, whether the lack of containment concerns
				the storage reservoir or salt cavern, surface equipment, or any other aspect of
				the storage facility.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-18 - Storage facility permit transfer

Current through Supplement No. 393, July, 2024
1. 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.
				Meet the bonding requirements of section 43-02-14-14.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-19 - Modification, revocation, and reissuance or termination of permits

Current through Supplement No. 393, July, 2024
1. Permits are subject to review by the
				commission. Any interested person (i.e., the storage operator, local
				governments having jurisdiction over land within the area of review, and any
				person who has suffered or will suffer actual injury or economic damage) may
				request that the commission review permits issued under this chapter for one of
				the reasons set forth below. All requests must be in writing and must contain
				facts or reasons supporting the request. If the commission determines that the
				request may have merit or at the commission's initiative for one or more of the
				reasons set forth below, the commission may schedule a hearing to review the
				permit and thereafter issue an order modifying or revoking the permit. Permits,
				after notice and hearing, may be modified or revoked and reissued when the
				commission determines one of the following events has occurred:
a. Changes to the facility area.
b. Area of review or corrective action
				re-evaluations pursuant to section 43-02-14-05.1.
c. Operating outside of parameters of the
				permit of section 43-02-14-06, 43-02-14-07, or 43-02-14-08, whichever is
				applicable.
d. Amendment to the
				emergency and remedial response plan of section 43-02-14-15.
e. Amendment to the leak detection plan of
				section 43-02-14-17.
f. Review of
				monitoring and testing results conducted in accordance with injection well
				permit requirements.
g. The
				commission receives information that was not available at the time of permit
				issuance. Permits may be modified during their terms for this cause only if the
				information was not available at the time of permit issuance, other than
				revised regulations, guidance, or test methods, and would have justified
				application of different permit conditions at the time of the
				issuance.
h. The standards or
				regulations on which the storage facility permit was based have been changed by
				promulgation of new or amended standards or regulations or by judicial decision
				after the permit was issued.
i. The
				commission determines good cause exists for modification of a compliance
				schedule, such as an act of God, strike, flood, or materials shortage or other
				events over which the storage operator has little or no control and for which
				there is no reasonably available remedy.
j. There are material and substantial
				additions to the permitted facility or activity which occurred after permit
				issuance which justify the application of permit conditions that are different
				or absent in the existing permit.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-19.1 - Minor modifications of permit

Current through Supplement No. 393, July, 2024
Upon agreement between the storage facility operator and the
				  commission, the commission may modify a permit to make the corrections or
				  allowances without the storage operator filing an application to amend a
				  permit. Any permit modification not processed as a minor modification under
				  this section must be filed as an application to amend an existing permit under
				  section 43-02-14-18. Minor modifications may include:
1. Correct typographical errors.
2. Require more frequent monitoring or
				reporting by the storage operator.
3. Change quantities or types of fluids or
				gases injected which are within the capacity of the facility as permitted and,
				in the judgement of the commission, would not interfere with the operation of
				the facility or its ability to meet conditions described in the permit and
				would not change its classification.
4. Change construction requirements approved
				by the commission, provided that any such alteration must comply with the
				requirements of this chapter and no such changes are physically incorporated
				into construction of the well before approval of the modification by the
				commission.
5. Amending any of the
				plans of this chapter where the modifications merely clarify or correct the
				plan, as determined by the commission.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC
					 38-25
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-15 - Certification of Restimulation Wells › Section 43-02-15-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in  chapter 43-02-03 and North Dakota Century Code chapters 38-08 and
				  57-51.1.
General Authority:
NDCC 38-08-04(1)(e)
Law Implemented:
NDCC 38-08-04(1)(e),
					 57-51.1-01
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-15 - Certification of Restimulation Wells › Section 43-02-15-03 - Director certification of a restimulation well

Current through Supplement No. 393, July, 2024
1.
				Upon receipt of an application for restimulation well certification, the
				director shall review the application, information, and all relevant
				information contained in the books, files, and records of the
				commission.
2. Restimulation well
				certification must be determined on the basis of the qualified calculated
				maximum barrels of oil per day for the most recent reporting month prior to the
				restimulation operation during which the restimulation well was produced at a
				maximum efficient rate for the pool in the well the restimulation was performed
				in. To qualify production from a restimulation well for the calculated barrels
				of oil per day, the restimulation well must have been maintained at the maximum
				efficient rate of production or is not capable of exceeding the production
				threshold if the well had been maintained at the maximum efficient rate of
				production throughout the qualifying reporting month.
3. Within thirty days of the receipt of a
				complete application for restimulation well certification, or a reasonable time
				thereafter, the director shall either grant or deny the application.
4. If an application for restimulation well
				certification is denied, the director shall enter a written determination
				denying the application and specify the basis for the denial. If an application
				for restimulation well certification is granted, the director shall enter a
				written determination granting the application and forward a copy to the tax
				commissioner. A copy of the determination either granting or denying the
				restimulation well certification application must be forwarded by the director
				to the operator. It is the obligation of the operator to notify and advise all
				other owners in the well and the purchaser of the crude oil of the
				determination of the director.
General Authority:
NDCC 38-08-04(1)(e)
Law Implemented:
NDCC 38-08-04(1)(e),
					 57-51.1-01
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-15 - Certification of Restimulation Wells › Section 43-02-15-04 - Operator adversely affected may submit amended application - Procedure

Current through Supplement No. 393, July, 2024
Any operator adversely affected by a determination of the
				  director made under this chapter may submit an amended application within
				  thirty days after the entry of such a determination. If an amended application
				  is submitted, the director shall issue a determination either granting or
				  denying the restimulation well certification within thirty days of the receipt
				  of the amended application or a reasonable time thereafter.
General Authority:
NDCC 38-08-04(1)(e)
Law Implemented:
NDCC 38-08-04(1)(e),
					 57-51.1-01
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-15 - Certification of Restimulation Wells › Section 43-02-15-05 - Operator adversely affected may petition the commission - Procedure

Current through Supplement No. 393, July, 2024
Any operator adversely affected by a determination of the
				  director of either an application or an amended application for restimulation
				  well certification made under this chapter may petition the commission within
				  thirty days after the entry of such a determination for a hearing in accordance
				  with the provisions of North Dakota Century Code chapter 38-08 and  chapter 43-02-03.
General Authority:
NDCC 38-08-04(1)(e)
Law Implemented:
NDCC 38-08-04(1)(e),
					 57-51.1-01
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-15 - Certification of Restimulation Wells › Section 43-02-15-06 - Books and records to be kept to substantiate reports

Current through Supplement No. 393, July, 2024
Any operator making application to certify a restimulation
				  well pursuant to this chapter shall make and keep records for a period of not
				  less than six years, 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 38-08-04(1)(e)
Law Implemented:
NDCC 38-08-04(1)(e),
					 57-51.1-01
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 43-03-01 - General Provisions › Section 43-03-01-01 - History - Administration

Current through Supplement No. 393, July, 2024
Since 1987 the North Dakota industrial commission has been
				  authorized to make funds available to provide financial assistance for
				  contracts for land reclamation research projects and for research, development,
				  and marketing of lignite and products derived from lignite. The lignite
				  research council, established by executive order 1987-4, and as presently
				  constituted by executive order 1991-1, will review and make recommendations to
				  the commission on all applications for financial assistance under this program.
				  The industrial commission concurred in the appointments to the lignite research
				  council.
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-01,
					 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 43-03-01 - General Provisions › Section 43-03-01-02 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article:
1. "Applicant" means any person or entity applying to the
				  commission for a grant from the lignite research fund.
2. "Application" means the written document that is submitted
				  to the commission by an applicant seeking a grant from the fund.
3. "Commission" means the North Dakota industrial commission
				  or its representative.
4. "Contract" means the signed agreement between the
				  commission and grantee which describes the rights and duties of the commission
				  and grantee with regard to the program.
5. "Council" means the lignite research council.
6. "Executive committee" means a committee of the council.
7. "Fund" means the lignite research fund available to the
				  commission to provide funding for the program.
8. "Grant" means the monetary award made by the commission
				  under the program.
9. "Grantee" means a successful applicant for a grant from
				  the fund.
10. "Program" means the program administered by the
				  commission to provide financial assistance from the fund for land reclamation
				  research projects and for research, development, and marketing of lignite and
				  products derived from lignite.
11. "Technical review committee" means a committee or
				  committees selected by the commission to review the merits of applications and
				  to otherwise assist the commission in administering the program.
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 43-03-01 - General Provisions › Section 43-03-01-03 - Costs of application preparation

Current through Supplement No. 393, July, 2024
The commission is not liable for any cost, including costs of
				  preparation of applications, incurred by applicants prior to issuance of a
				  contract. The commission will be liable only for those costs and expenses
				  expressly identified by 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 43-03-01 - General Provisions › Section 43-03-01-04 - Acceptance and rejection of applications

Current through Supplement No. 393, July, 2024
The rules in this article do not commit the commission to
				  award funds. The commission reserves the right to accept or reject any or all
				  applications received as a result of the program and to negotiate with any and
				  all qualified applicants.
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 43-03-01 - General Provisions › Section 43-03-01-05 - Reservation of funds

Current through Supplement No. 393, July, 2024
The commission is not obligated to award the total amount of
				  funds made available under this program. Funds not awarded will be reserved for
				  future grants under the program.
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 43-03-02 - Eligibility › Section 43-03-02-01 - Eligible applicants

Current through Supplement No. 393, July, 2024
Any person, corporation, partnership, cooperative, or
				  association, or consortium of such parties, may apply for funds under this
				  program. With regard to site-specific feasibility studies, only owners of
				  facilities, sponsors of projects, or operators having effective control of a
				  facility or project may apply. Applicants who do not own or control or have the
				  clear and firm commitment of ownership or control are ineligible for
				  feasibility study assistance. Any interested person in doubt as to eligibility
				  should contact 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 43-03-02 - Eligibility › Section 43-03-02-02 - Eligible and ineligible projects

Current through Supplement No. 393, July, 2024
Any project proposing research, development, or marketing of
				  lignite or products derived from lignite, or a land reclamation research
				  project is eligible for a contract under this program. The following are
				  examples of eligible topics:
1.
				Eligible lignite research projects include, but are not limited to:
a. Conversions of lignite to other products
				and byproducts.
b. Lignite
				cleaning or beneficiation.
c.
				Lignite desulfurization and emission control.
d. Lignite-water mixtures or lignite-methanol
				mixtures and other lignite-derived fuels.
e. Lignite-based cogeneration projects.
f. Development of markets for
				liquids or other byproducts derived from lignite.
g. Research and development of products using
				ash derived from lignite.
h.
				Studies of legal, regulatory, and economic factors affecting lignite use and
				development.
i. Development of
				materials for use in lignite market promotion.
j. Development of commercial programs to
				treat effluent, emissions, solid waste, or hazardous waste from lignite
				conversion plants, chemical spills and oil spills, using bioremediation
				technology.
k. Resource
				characterization and evaluation studies.
l. Development, demonstration, and refinement
				of gasification and liquefaction technologies using lignite.
m. Development of advanced combustion
				systems, that is, systems with high efficiency and low emissions.
n. In general, any project which will utilize
				or enhance the development or use of lignite resources.
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 43-03-03 - Maximum Grant Amount and Matching Fund Requirement › Section 43-03-03-01 - Maximum grant amount

Current through Supplement No. 393, July, 2024
Grants may be of any amount within the limits of legislative
				  appropriation.
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 43-03-03 - Maximum Grant Amount and Matching Fund Requirement › Section 43-03-03-02 - Matching funds

Current through Supplement No. 393, July, 2024
A grant may not exceed fifty percent of the total project
				  cost. Documentation demonstrating the matching funds, including letters of
				  commitment from other funding sources, must be submitted to the commission
				  within sixty days of the approval of an application by the commission, or
				  within any additional time granted by the commission. The commission's approval
				  is contingent upon receiving this documentation. If it is not received, the
				  approval lapses and no grant may be made. Indirect costs (contributed
				  equipment, materials, or services) may be used by any applicant to supply the
				  required funding match or contribution.
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 43-03-04 - Application Requirements › Section 43-03-04-02 - Application deadline

Current through Supplement No. 393, July, 2024
Applications for the first review and award process in each
				  fiscal year must be postmarked on or before October first, and applications for
				  the second review and award process in each fiscal year must be postmarked on
				  or before April first. In addition to these two grant rounds, the commission
				  may establish additional grant rounds and set application deadlines for those
				  rounds. The applicant may amend its application at any time before the
				  application deadline. After the application deadline, the applicant may amend
				  its application only upon the approval of 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 43-03-04 - Application Requirements › Section 43-03-04-03 - Application fee

Current through Supplement No. 393, July, 2024
All applications must be accompanied by a one hundred dollar
				  nonrefundable application fee. Checks or money orders should be made payable to
				  the "State of North Dakota".
General Authority: NDCC
					 57-61-01.5
Law Implemented: NDCC
					 54-17.5-04,
					 57-61-01.5