North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-07.3 - Permit conditions

Current through Supplement No. 393, July, 2024
The following conditions apply to all storage facility
				  permits:
1. The storage operator shall
				comply with all conditions of the permit. Any noncompliance with the permit
				constitutes a violation and is grounds for enforcement action, including permit
				termination, revocation, or modification pursuant to section
				43-05-01-12.
2. In an administrative action, it shall not
				be a defense that it would have been necessary for the storage operator to halt
				or reduce the permitted activity in order to maintain compliance with the
				conditions of the permit.
3. The
				storage operator shall take all reasonable steps to minimize or correct any
				adverse impact on the environment resulting from noncompliance with the storage
				facility permit.
4. The storage
				operator shall develop and implement an emergency and remedial response plan
				pursuant to section
				43-05-01-13.
5. The storage operator shall at all times
				properly operate and maintain all storage facilities which are installed or
				used by the storage operator to achieve compliance with the conditions of the
				storage facility permit.
Proper operation and maintenance includes effective
				  performance, adequate funding, adequate operator staffing and training, and
				  adequate laboratory and process controls, including appropriate quality
				  assurance procedures. This provision requires the operation of backup or
				  auxiliary facilities or similar systems only when necessary to achieve
				  compliance with the conditions of the storage facility permit.
6. The permit may be modified,
				revoked and reissued, or terminated pursuant to section
				43-05-01-12. The filing of a
				request by the storage operator for a permit modification, revocation and
				reissuance, or termination, or a notification of planned changes or anticipated
				noncompliance, does not stay any permit condition.
7. The injection well permit or the permit to
				operate an injection well does not convey any property rights of any sort or
				any exclusive privilege.
8. The
				storage operator shall furnish to the commission, within a time specified by
				the commission, any information which the commission may request to determine
				whether cause exists for modifying, revoking and reissuing, or terminating the
				permit, orto determine compliance with the permit. The storage operator shall
				also furnish to the commission, upon request, copies of records required to be
				kept by the storage facility permit.
9. The storage operator shall allow the
				commission, or an authorized representative, upon the presentation of
				credentials and other documents as may be required by law, to:
a. Enter upon the storage facility premises
				where records must be kept under the conditions of the permit;
b. At reasonable times, have access to and
				copy any records that must be kept under the conditions of the
				permit;
c. At reasonable times,
				inspect any facilities, equipment, including monitoring and control equipment,
				practices, or operations regulated or required under the permit; and
d. At reasonable times, sample or monitor for
				the purposes of assuring permit compliance, any substances or parameters at any
				location.