reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-44 - Production area monitoring well location and spacing requirements

Current through Supplement No. 393, July, 2024
Production area monitoring wells may be located no more than
				  three hundred feet [91.44 meters] from the production area and with spacing no
				  greater than four hundred feet [121.92 meters] between monitoring wells.
				  Alternative monitoring well locations and spacing may be considered if the
				  operator demonstrates that the proposal will adequately provide monitoring
				  coverage to detect excursions in a timely manner. The department may require
				  closer well spacing in the down gradient ground water flow direction from the
				  production zone.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-45 - Nonproduction zone monitoring

Current through Supplement No. 393, July, 2024
The majority of monitoring wells in nonproduction zones must
				  be located in the down gradient direction of ground water flow in the aquifer
				  in which the wells are completed. In addition:
1. Nonproduction zone monitoring wells must
				be completed in any aquifer potentially affected by injection into the
				production zone. These monitoring wells must be located in two general
				localities:
a. Inside the production area;
				and
b. Within a radius of no more
				than three hundred feet [91.44 meters] from the edge of the production area.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-46 - Subsidence monitoring

Current through Supplement No. 393, July, 2024
Subsidence must be controlled to ensure that the values and
				  uses of the aquifers and the surface resources will not be degraded. If the
				  injection wells penetrate an aquifer in an area subject to subsidence or
				  catastrophic collapse, an adequate number of monitoring wells must be completed
				  into that aquifer to detect any movement of injected fluids. The monitoring
				  wells must be located outside the physical influence of the subsidence or
				  collapse.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-47 - Confinement of recovery fluid

Current through Supplement No. 393, July, 2024
Recovery fluid must be restricted to those production zones
				  that have been classified by the department as an exempted aquifer within the
				  area of production. If recovery fluids migrate outside the production zone or
				  into aquifers above or below the production zone, the operator shall report,
				  monitor, and remediate the excursion in accordance with sections
				  43-02-02.2-48 through
				  43-02-02.2-53. Recovery fluids are
				  assumed to be present in an unauthorized zone if a verifying analysis confirms
				  that a control parameter in a monitoring well is detected at a concentration
				  equal to or greater than the upper limit value.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-48 - Excursions - Reporting requirement

Current through Supplement No. 393, July, 2024
The operator shall report any suspected excursion to the
				  department within twenty-four hours of detection and initiate actions required
				  by section
				  43-02-02.2-49. The operator shall
				  provide monitoring data or other information that indicates any contaminant may
				  cause adverse impacts to an unauthorized zone or underground source of drinking
				  water. The operator shall report within twenty-four hours any noncompliance
				  with a permit or malfunction of the injection system that may cause fluid
				  migration into or between unauthorized zones.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-49 - Excursions - Verifying analysis

Current through Supplement No. 393, July, 2024
1. If a
				routine sample analysis ("initial sampling") indicates a control parameter is
				exceeding its upper level value in a monitoring well, the operator shall
				complete a verifying analysis ("second sampling") of samples taken from the
				affected well and the monitoring wells adjacent to the affected well. The
				operator shall take the second sampling within two working days after being
				notified by the laboratory of the initial sampling results. If the results from
				the first and second sampling event both indicate an excursion has occurred,
				then an excursion is considered verified for the purpose of initiating remedial
				action in accordance with section
				43-02-02.2-51. If the results of
				the second sampling are not complete within seven days after the initial
				sampling event that indicated an excursion might be present, the excursion will
				be considered verified.
2. If the
				results from the first and second sampling events provide conflicting
				information about whether or not an excursion has occurred, then a third
				sampling event must be conducted within two working days after receipt of the
				results from the second sampling event. If the results of the third sampling
				are not complete within seven days after the second sampling event, the
				excursion will be considered verified.
3. All sample analyses results for excursion
				events must be submitted to the department within two business days after the
				operator receives them.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-50 - Excursions - Sampling frequency

Current through Supplement No. 393, July, 2024
Throughout the time when any control parameter is present in
				  a monitoring well, a water sample must be taken at least two times a week from
				  the well. The samples must be analyzed for all control parameters within one
				  week after the sample is taken.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-51 - Excursions - Remedial action

Current through Supplement No. 393, July, 2024
1. If the
				verifying analysis indicates that an excursion has occurred, the operator shall
				submit to the department for review and approval a remedial plan and a ground
				water analysis report to include the following:
a. A description of the excursion and its
				cause;
b. The period of excursion,
				including exact dates and times;
c. If the excursion has not been corrected,
				the time it is expected to continue;
d. Steps taken or planned to reduce and
				prevent recurrence of the excursion; and
e. Sample analyses for pH, calcium,
				magnesium, sodium, potassium, carbonate, bicarbonate, sulfate, chloride,
				silica, uranium, ammonia, nitrate, total dissolved solids (one hundred eighty
				degrees Celsius), specific conductance, and any other parameter specified by
				the department. One or more of these parameters may be excluded if the
				department determines that the concentration or value of a specific parameter
				is not likely to occur as a result of the mining operation.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-52 - Excursions - Controlled

Current through Supplement No. 393, July, 2024
1. An excursion is
				controlled if it can be demonstrated through water quality and ground water
				gradients or, if applicable, pressure measurements, that recovery fluid in
				unauthorized areas is declining.
2. If the excursion is controlled, but the
				control parameters have not been restored to values consistent with local
				baseline water quality within sixty days following confirmation of the
				excursion, the operator shall submit, within ninety days following confirmation
				of the excursion, a plan, for approval by the department, to bring the well or
				wells off excursion. The plan can be submitted as part of the remedial action
				report required every two weeks in section
				43-02-02.2-51.
3. Cleanup is considered accomplished if the
				water quality in the affected monitoring wells has been restored to values
				consistent with local baseline water quality and the restoration is confirmed
				by three consecutive weekly samples. The department may determine that cleanup
				is not necessary if the operator demonstrates that the change in water quality
				is not due to the presence of recovery fluids.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-53 - Excursions - Not controlled

Current through Supplement No. 393, July, 2024
1. If an
				excursion is not controlled within thirty days following its confirmation, a
				sample must be collected from each of the affected monitoring wells and
				analyzed for the following: ammonia, antimony, arsenic, barium, beryllium,
				bicarbonate, boron, cadmium, calcium, carbonate, chloride, chromium,
				conductivity, copper, fluoride, gross alpha, gross beta, iron, lead, magnesium,
				manganese, mercury, molybdenum, nitrate, nitrate + nitrite, pH, potassium,
				selenium, sodium, sulfate, radium-226 and 228, thallium, total dissolved
				solids, uranium, vanadium, and zinc, and any other parameter specified by the
				department, unless the department determines that the concentration or value of
				one or more parameters is not likely to occur as a result of the mining.
2. If an excursion is not
				controlled within sixty days following its confirmation, the department may
				require the operator to conduct additional sampling of monitoring wells,
				install additional monitoring wells, terminate injection in the portion of the
				wellfield in which the excursion originated, or a combination of approaches to
				assure control within a timely manner.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-54 - Criteria for determination of adequacy of remedial action plan

Current through Supplement No. 393, July, 2024
In determining the adequacy of the remedial action plan
				  required in section
				  43-02-02.2-51 proposed by the
				  operator and in determining the additional steps needed to prevent an excursion
				  into unauthorized zones or underground sources of drinking water, the
				  department shall consider the following:
1. Toxicity and volume of the injected fluid;
2. Toxicity of formation fluids or
				byproducts of injection;
3.
				Wiiether or not any person, animal, wildlife, aquatic life, and plant life is
				potentially affected by the injection;
4. Geohydrology;
5. History of the injection operation;
6. Completion and plugging
				records;
7. Abandonment procedures
				in effect at the time the well was abandoned; and
8. Hydraulic connections with underground
				sources of drinking water.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-55 - General reporting requirements

Current through Supplement No. 393, July, 2024
The operator's reporting requirements are as follows:
1. A qualitative analysis and ranges in
				concentrations of all constituents of injected fluids at least once within the
				first year of authorization and thereafter whenever the mining solution is
				modified to the extent that the initial data are incorrect or incomplete. The
				data so submitted are confidential for one year when requested by the operator
				and this period of confidentiality can be extended upon approval by the
				commission;
2. All chemical
				analyses submitted to the department in accordance with the permit must include
				the requirements of subdivision c of subsection 10 of section
				43-02-02.2-17;
3. Quarterly monitoring reports must include:
a. The results of any periodic tests required
				by the permit or a remedial plan performed during the reported quarter;
b. The results of all mechanical
				integrity testing conducted during the reported quarter, including the
				following information identified by injection well:
(1) Date of mechanical integrity testing;
(2) Identification of the method
				by which mechanical integrity was established; and
(3) Verification that mechanical integrity
				was or was not established for a well, and if any well failed mechanical
				integrity testing a description of the method of plugging or repair;
c. The status of corrective action
				on defective wells, required under section
				43-02-02.2-33; and
d. The results of well repair and plugging
				required under section
				43-02-02.2-32, including a
				statement that the wells were plugged in accordance with the permit, or
				documentation that prior approval was obtained from the department if plugging
				procedures differed from the procedures approved in the permit. This
				documentation must be included in the report and contain a description of the
				procedures used specifying the differences between the approved method and the
				alternate method. To ensure the well is plugged and there has been no bridging
				of the sealing material, the operator must provide the department with
				documentation that the volume of material placed in the well at least equals
				the volume of the empty hole;
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-56 - Well construction records

Current through Supplement No. 393, July, 2024
For all wells constructed for a mining operation, the person
				  constructing the well shall prepare and submit well construction records as
				  required by subsection 12 of section
				  33.1-18-01-06.
				  The well construction records shall be submitted to the department and to the
				  department of water well contractors within sixty days after well
				  completion.
General Authority:
NDCC 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-57 - Well plugging records

Current through Supplement No. 393, July, 2024
For any well plugged and abandoned as part of a mining
				  operation, the person performing plugging and abandonment work shall prepare
				  and submit well plugging records as required by subsection 19 of section
				  33.1-18-01-06.
				  The plugging records shall be submitted to the department and the state
				  department of health within sixty days after plugging or at the time of the
				  next quarterly report, whichever is sooner.
General Authority:
NDCC 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-58 - Maintenance and retention of records

Current through Supplement No. 393, July, 2024
The operator shall retain records of all monitoring
				  information at the mine site, including the following:
1. Laboratory analyses, including a
				description of or reference for the procedures and methods used for sample
				collection, preservation, and quality control and the name, address, telephone
				number, and laboratory identification number of the laboratory performing the
				analyses;
2. Records of all data
				used to complete permit and license applications and any supplemental
				information;
3. Calibration and
				maintenance records and all original records of continuous monitoring
				instrumentation, copies of all reports required by the permit, and records of
				all data used to complete the permit application;
4. The nature and composition of all injected
				fluids until three years after the completion of any plugging and abandonment
				procedures; and
5. Information
				requested by the department for inclusion in the annual report.
These records must be retained for at least three years from
				  the date of the sample, measurement, or report. This period may be extended by
				  the department. The department may require the operator to deliver a complete
				  set of copies of the records to the department when the retention period ends.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-59 - Ground water restoration requirements

Current through Supplement No. 393, July, 2024
When the mining of a production area is completed, the
				  operator shall notify the department and immediately proceed to reestablish
				  ground water quality in the affected production area to levels consistent with
				  the values in the permit's restoration table.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-60 - Restoration sampling procedure

Current through Supplement No. 393, July, 2024
After notifying the department that mining in a production
				  area is complete and that ground water restoration has begun, the operator
				  shall sample and complete an analysis of the baseline wells in the mine
				  production area or as directed by the department. The samples and analysis must
				  be done monthly and are to be conducted to assess the restoration values listed
				  in the permit restoration table. If this analysis indicates that approved
				  restoration values have been achieved, the operator shall submit to the
				  department a written report of the results. After submitting the report.
				  restoration sampling shall be conducted every two months. The department is to
				  receive copies of all analyses.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-61 - Restoration progress reports

Current through Supplement No. 393, July, 2024
Beginning six months after initiating restoration of a
				  production area, the operator shall provide semiannual progress reports to the
				  department until restoration is accomplished.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-62 - Final restoration - Restoration values achieved

Current through Supplement No. 393, July, 2024
The operator shall notify the department if the results of
				  six consecutive sample sets taken once every two months show that ground water
				  quality in the production zone meets the restoration values on the restoration
				  table and that the restoration values indicate stable trends. After the
				  department in writing confirms ground water restoration, the operator may
				  request, through a technical revision, that the department modify the site
				  water quality monitoring plan, which may include a reduction in sampling
				  frequency, substances to be measured, and the number of wells to be sampled in
				  the restored production zone.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-63 - Restoration values not achieved

Current through Supplement No. 393, July, 2024
1. If
				the restoration values established in the restoration table of the mine permit
				are not met after application of best available technology, the operator may
				submit an amendment to establish alternative restoration values. A one thousand
				dollar amendment application fee must accompany this submittal.
2. To justify alternative values, the
				amendment must include all available water quality data for the restoration
				unit, a narrative discussing the restoration techniques used, including a
				demonstration that best available practicable technology was applied, and the
				rationale for altering the restoration values.
3. In determining whether the restoration
				table should be altered for a particular restoration zone, the department shall
				consider the following:
a. Uses for which the
				ground water was suitable at baseline quality levels;
b. Actual existing use of the ground water in
				the area before and during mining;
c. Potential for future use of the ground
				water at baseline quality and at proposed restoration values;
d. The effort made by the operator to restore
				the ground water to the restoration values;
e. The availability of existing technology to
				restore the ground water to the restoration values; and
f. The potential harmful effects of levels of
				particular parameters.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-64 - Closure of mine site following restoration

Current through Supplement No. 393, July, 2024
After completing restoration of all permit area aquifers, the
				  operator shall plug wells that will not be used for postclosure monitoring, and
				  reclaim the facilities in accordance with plans in the permit and reclamation
				  plan. When well plugging and surface reclamation are complete, the operator
				  shall notify the department. A final closure inspection and a review of water
				  quality data shall be conducted by the department. The commission shall hold a
				  hearing to determine if the operator has restored the aquifers and reclaimed
				  the surface facilities and affected lands. Upon successful restoration and
				  reclamation by the operator, the postclosure care and maintenance period will
				  begin.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-65 - Postclosure plan - Postclosure bond - Estimated costs for postclosure care

Current through Supplement No. 393, July, 2024
Prior to the start of the postclosure period, the operator
				  shall submit to the department the estimated costs for postclosure care and
				  maintenance as computed in accordance with established engineering principles.
				  This information will be used to determine the amount of the postclosure bond.
				  The estimated costs must include:
1.
				The cost of long-term ground water restoration to ensure continued compliance
				consistent with the values in the permit's restoration table for both
				production and nonproduction zones;
2. The cost of operating monitoring systems;
				and
3. The cost of inspection and
				maintenance activities to ensure compliance with all reclamation, design, and
				operating criteria.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-66 - Reclamation of surface facilities

Current through Supplement No. 393, July, 2024
1. Unless otherwise approved by the
				department, the reclamation of surface facilities shall include the removal of
				all buildings, roads, and structures, and the surface restored to its original
				contour. Tailings impoundments and ponds must be reclaimed and filled in. All
				grading, backfilling, and topographic reconstruction must control erosion and
				sedimentation, protect areas outside the affected land from slides or other
				damage, and minimize the need for long-term maintenance.
2. Pond and impoundment reclamation must meet
				the following requirements:
a. Pond sludges
				must be chemically characterized to determine whether further treatment is
				necessary before disposal. Sludges must be removed for disposal at an offsite
				permitted solid waste facility or buried and covered onsite in a solid waste
				facility permitted in accordance with the applicable solid waste rules in
				article
				33.1-20;
b. Geomembranes must be removed from
				impoundments, unless it is demonstrated to the department's satisfaction that
				they will serve a useful function consistent with the approved postmining land
				use. The geomembrane material must be disposed of in a permitted landfill or
				may be disposed of onsite only if the operator first secures a solid waste
				permit in compliance with the North Dakota solid waste rules in
				33.1-20; and
c. Radioactive waste shall be disposed of in
				accordance with a United States nuclear regulatory commission source material
				license.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-67 - Radiation survey of surface facilities at mine closure

Current through Supplement No. 393, July, 2024
At mine closure, the operator shall comply with all United
				  States nuclear regulatory commission radiation standards in preparing a
				  radiation sampling and survey plan for mines that produced radioactive
				  elements. A copy of that plan must be filed with the department.
General Authority:
NDCC 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-68 - Radiation standards for closure of surface facilities

Current through Supplement No. 393, July, 2024
The operator of a radioactive element mine shall comply with
				  all United States nuclear regulatory commission radiation standards. Closed
				  surface facilities must be considered suitable for release for unrestricted use
				  if those standards are met. Copies of all radiological analysis performed both
				  within and outside of the mine permit boundary must be filed with the
				  department.
General Authority:
NDCC 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-69 - General postclosure inspection, annual report, and maintenance activities

Current through Supplement No. 393, July, 2024
During the postclosure period, the operator shall conduct
				  site maintenance and other activities in accordance with the approved
				  postclosure plan, including the following, as applicable:
1. Conduct quarterly inspections of the
				entire mine site to monitor the following:
a.
				Condition of vegetation;
b.
				Erosion and sediment controls;
c.
				Wellheads;
d. Subsidence;
e. Impoundments;
f. Safety hazards; and
g. Other potential problems;
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-70 - Postclosure operation of monitoring systems

Current through Supplement No. 393, July, 2024
During the postclosure period, the operator shall continue
				  surface and ground water quality monitoring in accordance with the approved
				  postclosure plan or water quality monitoring plan. The results of all water
				  quality monitoring and laboratory analyses must be included in the annual
				  postclosure reports as required by the department.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-71 - Ground water contamination during the postclosure period

Current through Supplement No. 393, July, 2024
1. Ground water contamination detected during
				the postclosure period must be confirmed by additional sampling conducted by
				the operator as required by the department and must be evaluated to determine
				whether remedial action is required. The remedial action required by the
				operator depends upon the extent of the contamination, based upon the
				following:
a. Whether the contamination is a
				result of the mining operation;
b.
				The impacts to the health and well-being of the people, animals, wildlife,
				aquatic life, and plant life affected;
c. The social and economic value of the
				affected aquifer;
d. The technical
				means required to, and the cost of, reducing or eliminating the contamination;
e. The effect upon the
				environment; and
f. The potential
				impacts to other waters of the state.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-72 - Approval of the end of the postclosure period

Current through Supplement No. 393, July, 2024
The commission will give notice of public hearing to
				  determine if the postclosure period shall end. The postclosure period ends when
				  the restored aquifer's water quality consistently meets the restoration values
				  on the permit restoration table and care and maintenance for the permit area
				  are equal to ordinary care and maintenance for similar lands outside the permit
				  area.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-73 - Available information on in situ leach mines

Current through Supplement No. 393, July, 2024
The department will provide on its website quarterly updates
				  on the operational status, compliance status, technical revisions submitted or
				  approved, and other pertinent information regarding an active in situ leach
				  mine permit.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-74 - Final bond release

Current through Supplement No. 393, July, 2024
All reclamation required by the approved reclamation plan
				  must be completed prior to final bond release.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-75 - Additional information may be required

Current through Supplement No. 393, July, 2024
The director has the authority to require additional reports,
				  data, or information relative to mining.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-76 - Application for hearing

Current through Supplement No. 393, July, 2024
In any proceeding instituted upon application, the
				  application must be signed by the applicant or by the applicant's attorney. An
				  application shall state the name and general nature of the order sought.
General Authority: NDCC
					 28-32-23,
					 38-12-02
Law Implemented: NDCC
					 28-32-21
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-77 - Hearing participants by telephone

Current through Supplement No. 393, July, 2024
In any hearing the commission may allow witnesses and
				  interested parties to participate by telephone. The procedure to do so is as
				  follows:
1. An applicant's
				participation by telephone will be considered if a written request is made at
				least ten business days before the hearing.
2. An interested party's participation by
				telephone will only be considered if the party notifies the applicant and the
				commission in writing at least three business days before the hearing. Such
				notice must include the subject hearing, the name and telephone number of the
				interested party, and the name and telephone number of the interested party's
				attorney or representative that will be present at the hearing.
3. In the event an objection to any person's
				participation by telephone is received, the hearing examiner may disallow
				participation by telephone and may reschedule the hearing. The department will
				notify all parties whether or not the request to participate by telephone is
				granted or denied.
4. All persons
				participating by telephone must have an attorney or other representative
				present at the hearing who shall be responsible for actually telephoning or
				otherwise connecting the person to the hearing, for providing the commission
				with any materials requested to be included in the record, and for any other
				matters necessary for the party to participate by telephone.
5. All parties participating by telephone
				shall file an affidavit verifying the identity of such party. The record of any
				telephonic participation will not be considered evidence in the case unless the
				affidavit is received by the department prior to an order being issued by the
				commission. The commission shall provide a form affidavit. The commission has
				the discretion to refuse to consider all or any part of the information
				received from any party participating by telephone.
6. For all hearings allowing participation by
				telephone, the department shall provide a hearing room equipped with a speaker
				telephone.
7. The cost of
				telephonic communication shall be paid by the party requesting its use.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 28-32-35
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-78 - Hearings - Complaint proceedings - Emergency proceedings - Other proceedings

Current through Supplement No. 393, July, 2024
1. Except as more
				specifically provided in North Dakota Century Code section
				38-08-11, the rules of procedure
				established in North Dakota Century Code section
				28-32-21, apply to proceedings
				involving a complaint and a named respondent.
2. For proceedings that do not involve a
				complaint and a named respondent the commission shall give at least thirty
				days' notice (except in an emergency) of the time and place of the hearing by
				one publication of such notice in a newspaper of general circulation in
				Bismarck and in a newspaper of general circulation in the county or counties
				where the land affected or some part of it is situated, unless in some
				particular proceeding a longer period of time or a different method of
				publication is required by law, in which event such period of time and method
				of publication will prevail.
3. If
				in its judgment the commission believes a rule or order must be issued without
				a hearing, the emergency rule or order has the same validity as if a hearing
				had been held after notice. The emergency rule or order remains in force no
				longer than forty days and expires earlier if withdrawn by the commission.
				Within ninety days of the hearing, or a reasonable time thereafter, the
				department will notify the applicant of the commission's decision.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 28-32-21,
					 28-32-32
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-79 - Investigatory hearings

Current through Supplement No. 393, July, 2024
The commission may hold investigatory hearings. Notice of the
				  hearing must be served upon all parties personally or by certified mail at
				  least five days before the hearing.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 28-32-23
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-80 - Official notice

Current through Supplement No. 393, July, 2024
The evidence in each case heard by the commission, unless
				  specifically excluded by the hearing examiner, includes all uranium and mineral
				  production records on file with the commission.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 28-32-24,
					 28-32-35
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-81 - Notice of order by mail

Current through Supplement No. 393, July, 2024
The commission may give notice of an order by mailing the
				  order to all parties by regular mail.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 28-32-39
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-82 - Record of proceedings

Current through Supplement No. 393, July, 2024
All pleadings, notices, motions, requests, petitions, briefs,
				  and correspondence between the commission or commission employee and a party
				  relating to a pending proceeding must be filed with the director and entered
				  into the commission's official record of the proceeding. Unless otherwise
				  provided by law, filing is complete when the material is entered into the
				  record of the proceeding.
General Authority: NDCC
					 38-12-02
Law Implemented: NDCC
					 28-32-31,
					 38-32-36
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-83 - Designation of examiners

Current through Supplement No. 393, July, 2024
The commission may designate examiners and may refer any
				  matter or proceeding to its examiners.
General Authority: NDCC
					 38-08-04.1
Law Implemented: NDCC
					 38-08-04.1
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-84 - Powers and duties of examiner

Current through Supplement No. 393, July, 2024
The commission may by motion limit the powers and duties of
				  any examiner in any particular case to such issues or to the performance of
				  such acts as the commission deems expedient; however, subject only to such
				  limitation, the examiner to whom any matter is referred has full authority to
				  hold hearings in accordance with this chapter. The examiner has the power to
				  regulate all proceedings before the examiner and to perform all acts and take
				  all measures necessary for the efficient and orderly conduct of the hearing,
				  including ruling on prehearing motions. swearing witnesses, receiving testimony
				  and exhibits offered in evidence, ruling on objections, and shall cause a
				  complete record of the proceeding to be made.
General Authority: NDCC
					 38-08-04.1
Law Implemented: NDCC
					 38-08-04.1
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-85 - Examiner's recommended findings, conclusions, and proposed order

Current through Supplement No. 393, July, 2024
Upon the conclusion of any hearing before an examiner, the
				  examiner shall promptly consider the proceedings in such hearing, and based
				  upon the hearing record the examiner shall prepare a recommendation for the
				  commission's disposition of the matter. Such recommendations shall be
				  accompanied by a proposed order.
General Authority: NDCC
					 38-08-04.1
Law Implemented: NDCC
					 28-32-31
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-86 - Commission order

Current through Supplement No. 393, July, 2024
After receipt and review of the hearing examiner's
				  recommended findings of fact, conclusions of law, and proposed order, the
				  commission shall enter its final order.
General Authority: NDCC
					 38-08-04.1
Law Implemented: NDCC
					 28-32-39
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-87 - 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. 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
					 38-12-02
Law Implemented: NDCC
					 28-32-23
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-02 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter contains general rules of statewide application
				  which have been adopted by the industrial commission to conserve the natural
				  resources of North Dakota, to prevent waste, and to provide for operation in a
				  manner as to protect correlative rights of all owners of subsurface minerals.
				  Special rules and orders have been and will be issued when required and shall
				  prevail as against general rules, regulations, and orders if in conflict
				  therewith. However, wherever this chapter does not conflict with special rules
				  heretofore or hereafter adopted, this chapter will apply in each case. The
				  commission may grant exceptions to this chapter, and due notice and hearing,
				  when such exceptions will result in the prevention of waste and operation in a
				  manner to protect correlative rights.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-03 - Uranium surface mining

Current through Supplement No. 393, July, 2024
Surface mining activities targeting uranium ore from noncoal
				  source rock are regulated under this chapter. Surface mining activities
				  targeting uranium ore from uraniferous lignite deposits are not subject to this
				  section and shall be conducted in accordance with North Dakota Century Code
				  chapter 38-14.1 and North Dakota Administrative Code title 69-05.2 and under
				  the regulatory authority of the public service commission.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-04 - Radioactive material

Current through Supplement No. 393, July, 2024
The handling, storage, transportation, and disposal of
				  radioactive material shall be in accordance with United States nuclear
				  regulatory commission requirements and those of the state department of health
				  as set forth in North Dakota Century Code chapters 23-20.1, 23-20.2, and
				  23-20.5 and in North Dakota Administrative Code titles 33-10, 22-24, and
				  23-25.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02