North Dakota Administrative Code

The operator shall submit a plan for subsidence monitoring above a cavity for approval by the director. The plan shall include frequency of monitoring and shall include a description of the method used to monitor subsidence. History: Effective July 1, 2013. General Authority: NDC…

Before abandoning a cavity used for storage, the operator shall remove stored product to the extent practicable and replace it with brine or freshwater subject to the approval of the director. History: Effective July 1, 2013. General Authority: NDCC 38-12-02 Law Implemented: NDCC…

1. The director shall have the authority to approve requests to consolidate production equipment at a central location. 2. Commingling of production from two or more wells in a central production facility is prohibited unless approved by the director. There are two types of centr…

Storage of brine solution in underground or partially buried tanks or containers is prohibited. Surface tanks and production equipment must be devoid of leaks and in good condition. Unused tanks and production equipment must be removed from the site or placed into service, within…

No tank bottom waste shall be removed from any tank used for the storage or sale of crude oil without prior approval by the director. Verbal approval may be given. Prior approval to remove tank bottom waste from tanks not used for the storage or sale of crude oil is not required.…

1. All saltwater liquids or brines produced shall be processed, stored, and disposed of without pollution of freshwater supplies. At no time shall saltwater liquids or brines be allowed to flow over the surface of the land or into streams. 2. Underground injection of saltwater li…

Secondary containment measures at a wellhead or surface facility shall meet all of the following requirements: 1. The sidewalls and floor of a secondary containment area shall be constructed of sufficiently impermeable material to provide emergency containment. 2. Dikes or firewa…

A vessel at a surface facility shall be elevated and placed on impervious pads or constructed so that any leakage can be easily detected. A vessel that is to be used onsite for thirty days or less shall, at a minimum, be placed on leak-resistant material installed in a manner to …

1. A truck loading and unloading area located outside of a secondary containment area shall be constructed and sealed in a manner that prevents the seepage of waste product, stored product, or brine into the surrounding soils, surface waters, or ground water. In addition, a ramp …

All piping at a surface facility shall be routed above the ground and kept within the secondary containment area where practicable. Piping that cannot be routed above the ground shall have its location marked with posts or with other location-identifying markers approved by the d…

Upon completion of the construction of a surface facility, but before its use, an operator of a well shall certify to the director that the secondary containment area is constructed according to the approved plan. Following advance notice, the director may require an inspection o…

If a pipeline conveys liquids to or from a well located outside the perimeter of a manufacturing plant, it is subject to the provisions of this section. 1. Except as provided in subsection 2, a marker shall be placed and maintained as close as practicable over each buried brine p…

An operator shall keep records covering each leak discovered, repair made, pipeline break, pipeline patrol, and inspection for as long as the segment of pipeline involved remains in service. History: Effective July 1, 2013. General Authority: NDCC 38-12-02 Law Implemented: NDCC 3…

An operator of a well shall remove all flow lines and vessels, including tanks, if the flow lines or vessels are not used for one year and shall provide notification of the removal to the director. The director may allow a line to be purged and abandoned in place upon written app…

1. The operator of a well shall maintain all existing dikes or firewalls installed before July 1, 2013, and shall keep the containment area free of oil, emulsions, waste products, stored products, tank bottoms, brine, water, vegetation, debris, or any flammable or combustible mat…

The operator shall conform to the following practices: 1. The mining and reclamation operation shall be designed and operated using the most appropriate technology and best management practices. 2. Public safety and welfare. The operator shall minimize hazards to the public safet…

The land surface of the permit area will be restored as nearly as possible to its original condition unless conflicting with the approved postmining land use. Each reclamation plan must be developed to meet the site-specific characteristics of the mining operation and the site. 1…

The operator of each and every injection well shall, on or before the tenth day of the second month succeeding the month in which injection occurs, file with the director the amount of liquid injected, the composition of the liquid, and the source thereof upon approved computer s…

The operator of a mine shall, on or before the tenth day of the second month succeeding the month in which production occurs, file with the director the amount of production made by the mine upon form 5-sm or approved computer sheets no larger than eight and one-half by eleven in…

A person who is producing natural brine shall be required by the director to report annually, within sixty days after the end of the calendar year of production, the amount of natural brine produced during the calendar year of production, unless an extension of time is granted by…

An operator shall control cavity shape during solution mining of bedded salt. An operator who is solution mining shall report annually, within sixty days after the end of the calendar year, the amount of soluble mineral or rock removed and the volumes of fluids injected into and …

The operator shall determine the cavity roof position not less than biennially. Generally accepted wireline logging methods shall be utilized. The results of the determination shall be filed with the director not more than sixty days after completion and shall include all wirelin…

All operators within North Dakota shall make and keep appropriate books and records for a period 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. 29 History: Effective July…

This chapter shall not be taken or construed to limit or restrict the authority of the commission to require the furnishing of such additional reports, data, or other information relative to production or products as may appear to be necessary or desirable, either generally or sp…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 38-08 except: 1. "Adjusted allowable" means the allowable production a proration unit receives after all adjustments are applied. 2. "Allocated pool" is one in which the total oil…

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 crude …

Repealed effective January 1, 1983. 7

Repealed effective January 1, 1983.

and gas. The commission, its agents, representatives, and employees are charged with the duty and obligation of enforcing all rules and statutes of North Dakota relating to the conservation of oil and gas. However, it shall be the responsibility of all the owners, operators, and …

All operators, contractors, drillers, carriers, gas distributors, service companies, pipe pulling and salvaging contractors, or other persons shall at all times conduct their operations in the drilling, equipping, operating, producing, plugging, and site reclamation of oil and ga…

The commission recognizes that all persons drilling and producing on United States government land shall comply with the United States government regulations. Such persons shall also comply with all applicable state rules and regulations. Copies of the sundry notices, reports on …

Repealed effective January 1, 1983.

Forms required by the commission will be furnished upon request. The commission will provide electronic submission for most requests and reports. History: Amended effective April 1, 2022. General Authority: NDCC 38-08-04 Law Implemented: NDCC 38-08-04 8…

The commission may from time to time enter agreements with state and federal government agencies, tribal governments, industry committees, and individuals with respect to special projects, services, and studies relating to conservation of oil and gas. History: Amended effective A…

Repealed effective January 1, 1983.

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…

Every person acting as principal or agent for another or independently engaged in the drilling of oil or gas wells, or in the production, storage, transportation, refining, reclaiming, treating, marketing, or processing of crude oil or natural gas, engaged in the disposal of prod…

By special order of the commission, periodic surveys may be made of the reservoirs in this state containing oil and gas. These surveys will be thorough and complete and shall be made using methods approved by the director. The condition of the reservoirs containing oil and gas an…

The director shall maintain a record of official well names, to be known as the well-name register, in which shall be entered: (1) the name and location of each well; (2) the well file number; (3) the name of the operator, or the operator's agent; and (4) any subsequent name or n…

The commission, director, and their representatives shall have access to all records wherever located. All owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling, completing, producing, operation, or servicing oil and gas wells,…

Repealed effective July 1, 1996.

1. This section is applicable to all allocation and custody transfer metering stations measuring production from oil and gas wells within the state of North Dakota, including private, state, and federal wells. If these rules differ from federal requirements on measurement of prod…

1. Bond requirements. Prior to commencing construction of a site or appurtenance or road access thereto, any person who proposes to drill a well for oil, gas, injection, or source well for use in enhanced recovery operations, shall submit to the director and obtain the approval o…

1. Before any person may begin any well-site preparation for the drilling of any well other than surveying and staking, such person shall obtain approval from the director. An application for permit to drill must be filed with the director, together with a permit fee of one hundr…

The principal on the bond covering a well, treating plant, or facility is the operator. The operator is responsible for compliance with all applicable laws. A dispute over designation of the operator may be addressed by the commission. In doing so, the factors the commission may …

1. After notice and hearing, the commission may revoke a drilling, recompletion, or reentry permit or limit its duration. The commission may act upon its own motion or upon the application of an owner in the spacing or drilling unit. In deciding whether to revoke or limit a permi…

The following govern the recovery of the risk penalty pursuant to subsection 3 of North Dakota Century Code section 38-08-08 and subsection 3 of North Dakota Century Code section 38-08-09.4: 1. An owner may recover the risk penalty under the provisions of subsection 3 of North Da…

Every well and facility associated with the production, transportation, purchasing, storage, treating, or processing of oil, gas, and water except plugged wells shall be identified by a sign. The sign shall be of durable construction and the lettering thereon shall be kept in a l…

In the absence of an order by the commission setting spacing units for a pool: 1. a. Vertical or directional oil wells projected to a depth not deeper than the Mission Canyon formation must be drilled upon a governmental quarter-quarter section or equivalent lot, located not less…

If upon application for an exception location, the commission finds that a well drilled at the location prescribed by any applicable rule or order of the commission would not produce in paying quantities, that surface conditions would substantially add to the burden or hazard of …