North Dakota Administrative Code

1. An owner or operator using any one of the mechanisms authorized by section 33.1-24-08-86, 33.1-24-08-88, or 33.1-24-08-89 must establish a standby trust fund when the mechanism is acquired. The trustee of the standby trust fund must be an entity that has the authority to act a…

1. A general purpose local government owner or operator, or local government, or both, serving as a guarantor may satisfy the requirements of section 33.1-24-08-83 currently outstanding issue or issues of general obligation bonds of one million dollars or more, excluding refunded…

1. A local government owner or operator may satisfy the requirements of section 33.1-24-08-83 by passing the financial test specified in this section. To be eligible to use the financial test, the local government owner or operator must have the ability and authority to assess an…

1. A local government owner or operator may satisfy the requirements of section 33.1-24-08-83 by obtaining a guarantee that conforms to the requirements of this section. The guarantor must be either the estate in which the local government owner or operator is located or a local …

A local government owner or operator may satisfy the requirements of section 33.1-24-08-83 establishing a dedicated fund account that conforms to the requirements of this section. Except as specified in subsection 2, a dedicated fund may not be commingled with other funds or othe…

33.1-24-08-93. History: Effective January 1, 2019. General Authority: NDCC 23.1-04-03, 23.1-04-06; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-04-06; S.L. 2017, ch. 199, § 19

1. Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator. a. Termination of a guarantee, a surety bond, or a letter of credit may not occur u…

1. "Abandoned well" means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes. 2. "Area of review" means the area of review surrounding an injection well described …

Injection wells are classified as follows: 1. Class I. Wells used to inject hazardous waste, radioactive waste, and other industrial and municipal disposal wells which inject fluids beneath the lowermost formation containing, within one quarter mile [402.34 meters] of the well bo…

Any underground injection (except class II, class Ill, and class VI) is prohibited except as authorized by permit or rule issued under this section. Also the construction of any well required to have a permit under this section is prohibited until the permit has been issued. Thes…

1. No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct any underground injection activity in a manner which causes, or allows, movement of fluid containing any contaminant into an underground source of drinking water if the presence of that…

aquifers. 1. The director may identify and shall protect as an underground source of drinking water all aquifers or parts of aquifers which: a. Supply any public water system; or b. Contain a sufficient quantity of ground water to supply a public water system and: (1) Currently s…

1. Application for a permit. a. Any person who is required to have a permit shall complete, sign, and submit an application to the director. b. When the owner and operator are different, it is the operator's duty to obtain a permit. c. The application must be complete before the …

1. The director may issue a permit on an area basis, rather than for each well individually; provided, that the permit is for injection wells: a. Described and identified by location in permit applications, if they are existing wells; b. Within the same well field, facility site,…

1. Draft permits. a. When the application is complete, the director shall tentatively decide to either prepare a draft permit or deny the application. b. If the director decides to prepare the draft permit, it shall contain the following information: (1) All required permit condi…

Response to comments. 1. Public notice. a. The director shall give public notice that the following actions have occurred: (1) A draft permit has been prepared. (2) A hearing has been scheduled. (3) Intent to deny a permit application. b. Public notice shall be given to allow thi…

1. 1. The general conditions contained under title 40 CFR part 144, section 144.51 apply to class I and class V underground injection control permits. All conditions shall be incorporated into the permits, either expressly or by reference. 2. A permittee may not commence injectio…

1. Construction requirements. a. (1) Existing wells shall achieve compliance with construction requirements prior to permitting or according to a compliance schedule established as a permit condition. 10 (2) New injection wells shall submit plans for testing, drilling, and constr…

1. Any class I permit shall include, and any class V permit may include, a plan for plugging and abandonment which shall be incorporated into the permit as a condition to ensure that movement of fluids either into an underground source of drinking water or between underground sou…

1. A permit for any class I well shall include, and for any class V well may include, a condition prohibiting injection operations until the permittee shows to the satisfaction of the director that the well has mechanical integrity. 2. An injection well has mechanical integrity i…

The area of review for each injection well or each field, project, or area of the state shall be determined according to title 40 CFR part 146, section 146.6 (for nonhazardous waste injection wells) or title 40 CFR part 146, section 146.63 (for hazardous waste injection wells). 1…

1. The compliance schedule of a class I nonhazardous waste injection well or a class V injection well must require compliance as soon as possible, and not later than three years after the effective date of the permit. 2. If the schedule of compliance is for more than one year, th…

1. Authorization of injection into a class V well is authorized indefinitely, subject to the requirements of subsections 4, 5, and 6 of section 33.1-25-01-10 and subsection 3 of section 33.1-25-01-12, and title 40 CFR part 144, sections 144.84(b)(1) through (4). 2. The owner or o…

The owner or operator of all wells injecting hazardous waste shall comply with the requirements for hazardous waste management facilities as specified under title 40 CFR parts 144, 146, including subpart G, part 148 and including specifically section 144.14. History: Effective Ja…

All class IV wells are prohibited except wells used to inject contaminated ground water that has been treated and is being injected into the same formation from which it was drawn if such injection is approved by the director in accordance with title 40 CFR part 144, section 144.…

1. Petroleum and fuel product specifications. Petroleum and fuel products, including gasoline, alcohol-blended gasoline, diesel, tractor fuel, fuel oil (heating oil), kerosene, biodiesel, biodiesel blends, and all other alternative fuels shall comply with the most current applica…

1. Posted octane rating. The posted octane rating of a gasoline or alcohol-blended gasoline is the mathematical average of the octane as determined by the ASTM D2699 Research Method engine test and the octane as determined by the ASTM D2700 Motor Method engine test. a. The posted…

For the purpose of this chapter, the following definitions apply: 1. "Act" means the federal Water Pollution Control Act of 1972, Public Law 92-500, as amended by the Water Quality Act of 1987 [Pub. L. 100-4; 33 U.S.C. 1251-1376]. 2. "Bank of North Dakota" means the Bank of North…

1. A political subdivision is eligible for financial assistance under the state revolving fund if its project is included in the current intended use plan. 2. Loans may be made only to political subdivisions that: a. Demonstrate tangible financial capability to assure sufficient …

Loans may be made to political subdivisions to refinance existing debt obligations if they were incurred and building was initiated after March 7, 1985, and if the debts were used to finance projects identified in the intended use plan. In addition, the projects must satisfy the …

The department will annually prepare a wastewater treatment works construction priority list according to the department's review and point award. All proposed wastewater treatment works must be on the priority list in order to be funded under the state revolving fund program. It…

Upon tentative completion of the annual revision of the intended use plan, the department shall conduct a hearing to receive oral and written comments from the public on the proposed intended use plan. At least thirty calendar days' notice must be given of the public hearing in a…

The department may add a project to the intended use plan, by emergency amendment, if the proposed project will alleviate or mitigate a dire physical threat to the health and safety of persons or if the proposed project is necessary to take advantage of an unexpected economic dev…

The department may remove a project from the intended use plan if the project has been fully funded or the project is no longer eligible under the priority system or the political subdivision responsible for the project has expressed in writing no interest in the program. History…

The department may bypass the priority established for funding as follows: 1. The political subdivision being bypassed provides to the state a written statement endorsing the bypass; or 2. The political subdivision being bypassed fails to submit information within the timeframe r…

Project assistance applications may be submitted at any time by eligible political subdivisions. History: Effective January 1, 2019. General Authority: NDCC 61-28.2-01; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 61-28.2-01; S.L. 2017, ch. 199, § 70

The department may set aside a portion of the available funds for section 319 nonpoint source projects for the first six months of each fiscal year. The amount of the set-aside must be determined by the department. History: Effective January 1, 2019. General Authority: NDCC 61-28…

The application procedure will be designed by the department and approved by the environmental protection agency to include all necessary requirements as contained in the Act and applicable federal regulations, state laws, and rules. The application procedure will be contained in…

1. The loan agreement will be a legally binding contract between the financial agent and the political subdivision. The agreement will contain general conditions and may, if necessary, contain special conditions. 2. The general conditions of a loan agreement will include the requ…

By its acceptance of the loan agreement, the political subdivision releases and discharges the department, its officers, agents (including its financial agent), and employees from all liabilities, obligations, and claims arising out of the project work under the loan agreement. H…

The loan agreement may be amended in writing according to the terms of the respective loan agreement including an amendment when the amount of loan funds necessary to pay project costs are greater than the original amount in the loan agreement. History: Effective January 1, 2019.…

During the building of the project, the political subdivision shall provide inspection services sufficient to ensure that the project is constructed in accordance with approved plans and specifications. The department will conduct interim project inspections to determine complian…

The political subdivision must agree that upon default in the payments of principal and accrued interest on the loan or in the performance of any covenant or condition of the loan agreement, the department, through its financial agent, may at its option, do one or more of the fol…

1. A loan shall be made for a period of time not to exceed thirty years or the design life of the wastewater treatment works facility, whichever is shorter. 2. Interest on the loan accrues and must be paid as provided in the loan agreement. 3. All repayment schedules must be esta…

The interest rate on a loan will be determined by the department with consultation from the financial agent and must be based on the combined costs related to the total financial state revolving fund loan package. The interest rates on individual loans may vary; however, the rate…

A political subdivision may apply for any amount of financial assistance. The department may award less than the amount requested in the application. In determining the financial assistance for 6 each political subdivision, the department may consider the proposed construction an…

All files and records pertaining to the project must be maintained by the political subdivision throughout the project and made accessible to the department and the environmental protection agency and their agents according to state and federal law. These files and records must b…