North Dakota Administrative Code

Repealed effective August 1, 1986.

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 b…

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. "Aquifer" means a geological formation, group of formations, or part of a formatio…

This classification refers to wells which inject for extraction of minerals or energy, including: 1. Mining or sulfur by the Frasch process. 2. In situ production of uranium or other metals. This category includes only in situ production from ore bodies which have not been conven…

The state geologist shall act as a supervisor charged with the duty of enforcing the regulations and orders of the commission applicable to the underground injection control program for Class III disposal wells. All applications, correspondence, protests, and other communications…

Any Class III underground injection is prohibited except as authorized by permit 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. History: Effective March 1, 1984. General Au…

No owner or operator may construct, operate, maintain, convert, plug, abandon, or conduct any other underground injection activity in a manner which causes or allows movement of fluid containing any contaminant into underground sources of drinking water or which may adversely aff…

aquifers. The commission acting by and through the state geologist shall identify underground sources of drinking water and exempted aquifers in accordance with 40 CFR 144.7. History: Effective March 1, 1984. General Authority: NDCC 38-12-02 Law Implemented: NDCC 38-12-02

1. Application for a permit. a. Any person who is required to have a permit shall complete, sign, and submit an application to the state geologist. b. When the owner and operator are different, it is the operator's duty to obtain a permit. c. Applicants shall keep records of all …

The commission may issue a permit on an area basis, rather than for each well individually, in accordance with the specifications outlined in 40 CFR 144.33. History: Effective March 1, 1984. General Authority: NDCC 38-12-03 Law Implemented: NDCC 38-12-03 3…

1. Draft permits. When an application is completed, the commission, acting by and through the state geologist, shall either prepare a draft permit or deny the application. A draft permit must contain all permit requirements. 2. Fact sheets. a. A fact sheet must be prepared for ea…

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

All permits must contain the conditions specified in 40 CFR 144.51 and 144.52. History: Effective March 1, 1984. General Authority: NDCC 38-12-03 Law Implemented: NDCC 38-12-03

1. Construction requirements. a. General. (1) Existing wells must achieve compliance with construction requirements prior to permitting or according to a compliance schedule established as a permit condition. (2) New injection wells must be in compliance with construction require…

1. Any Class III permit must include conditions to ensure the well will be plugged and abandoned so that movement of fluids is not allowed either into an underground source of drinking water or between underground sources of drinking water. 2. Any underground injection control pe…

A permit for any Class III well or injection project which lacks mechanical integrity must include a condition prohibiting injection operations until the state geologist is satisfied that the specifications for mechanical integrity listed in 40 CFR 146.08 have been met. History: …

The area of review for each injection well or each field, project, or area of the state must be determined according to 40 CFR 146.06. History: Effective March 1, 1984. General Authority: NDCC 38-12-01 Law Implemented: NDCC 38-12-02

1. The compliance schedule must require compliance as soon as possible, and not later than three years, after the effective date of the permit. 2. If the compliance schedule is set for a duration of more than one year, interim requirements and completion dates (not to exceed one …

The following information cannot be claimed confidential: 1. Name and address of permit applicant or permittee. 6 2. Information which deals with the existence, absence, or level of contaminants in drinking water. History: Effective March 1, 1984. General Authority: NDCC 38-12-02…

The commission, acting by and through the state geologist, may authorize Class III underground injection by rule as outlined in 40 CFR 144.21, 144.25, and 144.26. History: Effective March 1, 1984. General Authority: NDCC 38-12-02 Law Implemented: NDCC 38-12-02

Any person who violates any provision of this chapter or any permit conditions is subject to the penalties prescribed in North Dakota Century Code sections 38-08-16 and 38-08-17. History: Effective March 1, 1984. General Authority: NDCC 38-12-05 Law Implemented: NDCC 38-12-05 7…

provides an equivalent degree of ground water protection; (2) Before placing the annular seal, the well bore must be under static conditions and all loose drill cuttings, rock chips, or other obstructions must be removed from the annular space by circulating the borehole with wat…

Terms in this chapter have the same meaning as in North Dakota Century Code chapter 38-12, except: 1. "Abandoned well" means a well whose use has been permanently discontinued or that is in such a state of disrepair that it cannot be used for its intended purpose or for observati…

This chapter contains general rules adopted to conserve the natural resources of North Dakota and to prevent pollution of freshwater supplies, to provide for the protection of the environment and public safety, to ensure the optimum recovery of the mineral resource, and the recla…

A permit is required prior to commencement of mining. The commission shall review the facility permit at least once every five years to determine whether the permit should be amended, modified, or revoked. History: Effective January 1, 2009; amended effective October 1, 2020. Gen…

Any person who conducts or expects to conduct mining operations shall file with the department a complete permit application and all required materials. The applicant shall file with the department proof that it submitted a copy of the application to the county recorder in the co…

The department will determine whether the application is complete. The department will notify the applicant in writing, within thirty days after the application is submitted, whether the application is complete or specify deficiencies that must be corrected in order to complete t…

1. The department will have one hundred eighty days after the filing date to approve or disapprove the application. 2. The department may extend the review period not to exceed an additional one hundred eighty days if: a. Additional time is needed to correct application deficienc…

A fee of twenty thousand dollars must accompany the permit application. Permit revisions may require additional fees not to exceed ten thousand dollars. The annual operating fees must be based upon the costs to monitor and inspect the facility. History: Effective January 1, 2009;…

The commission will give thirty days' notice (except in an emergency) to the general public of the time and place of the hearing on the application. Immediately upon receiving notice of the hearing date, the permit applicant shall give notice by certified mail to surface and subs…

Additional information submitted to the department by the applicant to supplement, correct, amend, or clarify an application following the filing date must also be submitted with the county recorder in the county or counties in which the proposed permit area is located. The addit…

Within the first ten days of the review period of a permit application, the department shall send copies of the application to the department of agriculture, the state department of health, and to the state water commission. History: Effective January 1, 2009. General Authority: …

The permit application must contain a summary document that describes the main elements of the operation and identifies the major environmental issues involved. History: Effective January 1, 2009. General Authority: NDCC 38-12-03 Law Implemented: NDCC 38-12-03

Within ninety days of the hearing, or a reasonable time thereafter, the department will notify the applicant of the commission's decision as to whether the permit is approved or denied. History: Effective January 1, 2009. General Authority: NDCC 38-12-03 Law Implemented: NDCC 38-…

1. Before any person receives a mining permit, the person shall submit to the department and obtain its approval of a surety bond or cash bond. An alternate form of security may be 9 approved by the department. Each such surety bond must be executed by a responsible surety compan…

1. All applications must be submitted in a format satisfactory to the department. The applicant shall provide information that is complete, current, presented clearly and concisely, and supported by appropriate references to technical and other written material. All technical ana…

1. The application must: a. Describe by legal description the land for which a permit is sought. b. Identify all property interests the applicant holds, including options, in the lands for which a permit is sought and in all contiguous land. This identification must cover surface…

1. Baseline water quality and water level data must be submitted with the application. The data must represent at least a one-year period during which data is collected monthly unless the applicant can demonstrate to the department's satisfaction that less frequent sampling or sa…

Applications must include a mining plan, which must include: 1. A narrative description of the mining and milling techniques to be employed, including plan view maps of the proposed mining; 2. A narrative description of the proposed depth and direction of mining including represe…

Applications must include a reclamation plan that contains the following: 1. Discussion and information necessary to demonstrate that ground water restoration will be achieved, including: a. A list of the proposed wellfields; b. A map showing the estimated sequence for restoring …

In deciding whether a sufficient demonstration has been made by the operator under subsection 1 of section 43-02-02.2-18, the department shall consider the premining baseline water quality and geochemistry, including up-gradient and down-gradient aquifers and the direction and ve…

1. Based upon the information submitted under subsection 1 of section 43-02-02.2-18 and the determination under section 43-02-02.2-19, the department shall develop a tabulation of assigned ground water quality restoration values that are the compliance requirements for restoring …

areas. 1. Before mining a new area in a production zone, the operator shall submit a baseline ground water quality sampling plan that includes an adequate number of wells and samples to adequately characterize baseline water quality in production and nonproduction zones in and ad…

The department, through permit conditions, may approve proposed technical revisions to the injection well portion of a permit without requiring a permit amendment. These revisions may include the following: 1. Correcting typographical errors; 2. Modifying monitoring plan reportin…

The department, after notice and hearing, may exempt an aquifer or a portion of an aquifer and designate it as an exempted aquifer for class III underground injection control if it meets the following criteria: 1. It does not currently serve as a source of drinking water; and 2. …

An injection well for mining must comply with this chapter. History: Effective January 1, 2009. General Authority: NDCC 38-12-02 Law Implemented: NDCC 38-12-02

In selecting well locations, protecting wells, and maintaining well covers, the following requirements apply: 1. The top of the casing must end at least twelve inches [30.48 centimeters] above grade. The top of the casing must end at least twenty-four inches [60.96 centimeters] a…